Evans v. Dise

KRUCKER, Chief Judge.

Appeal from the granting of a summary-judgment in favor of the plaintiff-appellee in a proceeding for foreclosure, attorney’s fees and costs, on a mortgage on real property. The parties will hereinafter be referred to as they appeared below.

The defendants’ answer here admitted that the property which was the subject of the mortgage was in Maricopa County, but denied all other allegations of the complaint. The defendants’ answer contained an allegation that if any interest or principal was due from the defendants to the plaintiff it was usurious.1 In answer to the…