First Federal Savings & Loan Ass'n v. Fogel

STEVENS, Judge.

The appellant herein was the plaintiff in the Superior Court in an action to foreclose a mortgage. There were numerous parties-defendant including the Union Title Company, the Metropolitan Trust and the Fogels. The defaults of the Fogels were entered, followed by the entry of a default judgment of foreclosure. The Superior Court granted the motion of the Fogels to vacate the default judgment and the default, and this appeal followed.

In our recent opinion, filed 9 May 1967, in the case of Dart v. Valley National Bank, 5 Ariz.App. 365, 427 P.2d 346, we stated:

“It is well…