Fletcher v. Hill

JACOBSON, Judge.

This appeal arose from the granting of a judgment by the Superior Court of Mari-*352copa County, sitting without a jury, foreclosing a mortgage upon real property situate in Maricopa County.

On October 25, 1961, defendants-appellants, Frank X. Fletcher and Richard W. Raybourn agreed to purchase lots numbered 8, 9, 10, and 11 of Forest Hills Subdivision, Maricopa County, upon which apartment houses had been constructed. Legal title to this property was at that time vested in Union Title Company as trustee for the benefit of Ben Smith and Melba Smith, parents of one Kenneth Smith.…