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Brant v. Hargrove
Arizona Court of Appeals
129 Ariz. 475, 632 P.2d 978 (1981)
Nick Mercer and his wife, Anastasia Mercer (defendants), owned property together as joint tenants with the right of survivorship. Nick Mercer validly executed a deed of trust and a promissory note on the property in return for a loan issued by Edmund and Dolores Brant (plaintiffs). The Brants filed suit to recover the amount due and to foreclose on the deed of trust. Prior to the foreclosure action, Anastasia passed away. The Brants argued that, by operation of the joint tenancy, Nick acquired Anastasia’s interest, subjecting the entire property to the deed of trust lien. The trial court held that the deed of trust was a valid lien on the entire property.
Rule of Law
Holding and Reasoning (Haire, J.)
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