Matcha v. Wachs

I dissent.

I have no quarrel with the facts set forth in the majority opinion nor with the interpretation of the pertinent statutes. Our sole issue in this case is whether in Arizona we shall require only substantial compliance with the redemption statutes. It is on this issue I disagree and for the following reasons.

In Hummel v. Citizens Building & Loan Association, 38 Ariz. 54, 296 P. 1014 (1931), the Arizona Supreme Court stated the right of redemption “is not governed by the principles of equity, but by the terms of the statute.” Id. at 57, 296 P. at 1015. Today the majority adopts a new…