Best Fertilizers of Arizona, Inc. v. Burns

OPINION

HATHAWAY, Judge.

This is an appeal involving two mortgages. The trial court found that appellee’s mortgage was senior to that of appellant and entered judgment foreclosing appellee’s mortgage. Appellant challenges the foreclosure contending that the senior note has been discharged and the mortgage thereby released.

Appellee’s note and mortgage originated when Marcus Vanderslice gave them as a purchase money note and mortgage to Mr. and Mrs. Dees in exchange for title to real property. Mr. Vanderslice later sold the property to McFaddin Ranches subject to the Dees mortgage. McFaddin…