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Arizona Trust Company, a Corp. v. Leggett

Supreme Court of Arizona

April 20, 1942

ARIZONA TRUST COMPANY, a Corporation, as Administrator With the Will Annexed of the Estate of John E. Leggett, Deceased; ED ECHOLS, as Sheriff of Pima County, Arizona, and H. A. WARDENBURG, Appellants,
v.
ERA B. LEGGETT, Appellee

APPEAL from a judgment of the Superior Court of the County of Maricopa. M. T. Phelps, Judge. On motion for rehearing by appellee. Motion granted and judgment modified. (See former opinion rendered March 30, 1942.)

Messrs. Misbaugh & Fickett, for Appellants.

Messrs. Cunningham & Carson, for Appellee.

OPINION

[59 Ariz. 199] LOCKWOOD, C.J.

We have examined carefully the motion for rehearing and the reply thereto in this case. While we are still of the opinion that the hands of plaintiff are swollen to the extent that she is not entitled to an unconditional decree quieting the title of the premises involved in her, in view of all the circumstances and the probability that the dismissal of this action will leave the title to the property in a very unsettled condition, and perhaps subject to future litigation, we have concluded to modify the opinion by holding that if, within ninety (90) days from date of rendition of this opinion, plaintiff Era B. Leggett pay to H. A. Wardenburg the amount of his judgment in Leggett v. Wardenburg,53 Ariz. 105, 85 P.2d 989; and also pay all the other costs of administration of the estate of John E. ...


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