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Parker v. Gentry

Supreme Court of Arizona

October 20, 1947

PARKER et al.
v.
GENTRY

Appeal from Superior Court, Maricopa County; Harold R. Scoville, Judge.

Affirmed.

Frazier & Clark, of Phoenix, for appellant Bessie Parker.

Corbin & Orme, of Phoenix, for appellants Mary Bess Haskins and Jean Parker.

Jennings & Tenny, of Phoenix, for appellee.

Stanford, Chief Justice. LaPrade and Udall, JJ., concur.

OPINION

Stanford, Chief Justice.

Page 768

[66 Ariz. 191] Howard Gentry, appellee herein, was plaintiff in the lower court in an action to quiet title to Lot 4 in Sparks Tract, Maricopa County. The defendant was Bessie Parker, who is appellant herein.

George Parker was the husband of Bessie Parker, this defendant, and he died November 20, 1932. Plaintiff testified that in 1927 he was the owner of a block of land east of Phoenix, which he traded to one McLouth, his equity being approximately $ 1700. The trade was for the said Lot 4, Sparks Tract. The title of the property procured from McLouth, so plaintiff contends, was placed in the name of Gentry's friend, Lee Comer, because Gentry intended at that time to go to South America. Later Gentry says he had Comer transfer the property in trust to this defendant, Bessie Parker. At the time of the transfer to appellant she was working for this plaintiff and living at his home in Sparks Tract, receiving a wage of $ 50 per month as cook.

In August, 1929, defendant Bessie Parker sued George Parker for a divorce. She submitted evidence and received an order for judgment, but never had the same signed or filed. George Parker, believing a decree had been entered, remarried and as issue of that marriage the two intervenors herein were born. When this action was brought, the court on application of said intervenors allowed them to file their pleading herein.

This appeal comes from the second trial of this cause in the lower court, an appeal having been taken in the first trial which is reported in 62 Ariz. 115, 154 P.2d 517. We now adopt the facts so plainly stated in that opinion of this court for the completion of the facts to be applied to this case, excepting, however, the error in the statement of facts in that cause wherein it states, "Mary Bess Parker was the daughter of Mrs. Parker's husband by a former wife." The facts heretofore related set forth the true statement as to the parentage of these intervenors.

Five interrogatories were submitted to the jury trying this case in the trial court and the jury found in favor of plaintiff in all of them. In harmony with the consistent answers to those interrogatories the court rendered its judgment quieting plaintiff's title to the lands in question, and from that judgment and the order of the trial court denying motions for a new trial, both defendant and intervenors have appealed to this court.

Page 769

The defendant and intervenors, between whom there appears to be no conflict, submit eleven assignments of error alleged to have been committed by the trial court. We find it necessary, because of the length of the assignments, to condense them in our attempt to express the objections found, [66 Ariz. 192] with the belief that we will cover the things complained ...


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