TUCSON FEDERAL SAVINGS & LOAN ASS'N v. Sundell

HOWARD, Chief Judge.. This was an action instituted by appellant to foreclose a real property mortgage. Appellee, one of the defendants, filed an answer claiming a superior interest in the real property and a cross-claim against the defendant Lusk Corporation for monies she had paid to it for the property. The issue on the cross-claim was severed pending the adjudication of the issue between the appellant and appellee. The case was submitted to the jury on interrogatories and it determined that appellee’s interest was entitled to priority over appellant’s to the extent of all amounts paid by…