Only Collections, Inc. v. County of Cochise

OPINION

HOWARD, Judge.

This is an appeal from the actions of the trial court in two separate cases. The determinative issue is whether the judgment against the garnishee, Pioneer National Trust of America (Pioneer), obtained by Only Collections, Inc. was binding on Cochise County. We hold that it was not.

On March 31, 1972, Cochise County entered into a trust agreement with a developer, Apple Valley Enterprises, Inc. (Apple Valley) and Pioneer, whereby Pioneer, as trustee was to withhold and impound funds from the sale of lots in Apple Valley’s subdivision known as Apple Valley Ranchettes, for…