Arizona Central Credit Union v. Holden

HATHAWAY, Chief Judge.

Arizona Central Credit Union filed an action in superior court to foreclose a mortgage on property of Ruth Holden, aka Ruth Adam, a divorced woman. The cause, tried to the court on stipulations, pleadings, depositions and exhibits, resulted in a dismissal of the complaint; hence this appeal. The evidence being documentary, we are in an equal position with the trial court to determine the facts, Lindus v. Northern Insurance Company of New York, 6 Ariz. App. 74, 429 P.2d 708 (1967), which we find as follows.

On December 13, 1954 the defendant, then a divorced woman,…