From our private database of 15,100+ case briefs...

Downs v. Ziegler

Court of Appeals of Arizona
477 P.2d 261 (1970)


Claude and Mary Downs (plaintiffs) conveyed land to Ziegler (defendant) in exchange for a mortgage on the land. Ziegler was having trouble paying the mortgage, so he entered into an agreement with three doctors (defendants), under which Ziegler conveyed his interest to the doctors in exchange for the doctors making all payments due on the land. The agreement stated the transaction was not a loan and all parties agreed it was a sale and conveyance of real property. The agreement also contained a clause allowing Ziegler to repurchase the property within a year by repaying the doctors in full plus $10,000. The doctors did not inspect the property prior to signing the agreement. The Downses filed suit to foreclose on the property and to hold the doctors liable for any deficiency after the foreclosure sale. The doctors argued their transaction with Ziegler was a mortgage, rendering them not personally liable to the Downses. The trial court found in favor of the doctors. The Downses appealed.

Rule of Law


Holding and Reasoning (Haire, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 288,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,100 briefs, keyed to 205 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.