James V. Robins, of Nogales, Knapp, Boyle, Bilby & Thompson, of Tucson, attorneys for appellants.
Duane Bird, Barry & Barry, of Nogales, attorneys for appellee.
Stanford, Justice. La Prade, C. J., and Udall, Phelps and De Concini, JJ., concur.
[70 Ariz. 303] This is an action involving the rights to certain permits to graze livestock on lands of the national forest.
In 1913 George L. Stevens married appellee, Lucy Stevens. In 1919 George Stevens took out and received in his own name a permit from the supervisor of the Coronado National Forest in Santa Cruz County, Arizona, to graze livestock upon such lands. The couple jointly owned cattle as community property which were running upon their homestead and the National Forest. In 1929 George Stevens was divorced from his wife Lucy, but none of their property was divided by the divorce decree and they continued to hold the same after the divorce as tenants in common. In 1934 they rounded up and divided their cattle and the appellee's share of the cattle was removed from the ranch.
In 1941 George Stevens married appellant, Edilia C. Stevens. On August 14, 1944 George Stevens passed away leaving his surviving wife and a minor daughter, the issue of this last marriage.
In 1942 appellee Lucy Stevens brought an action against George Stevens to partition the land and also the grazing permit.
In Stevens' answer to the action he admitted that he and Lucy Stevens owned the land as tenants in common, but denied that Lucy Stevens had any interest in the forest grazing permit alleging that he was the sole permittee and licensee under the permit.
The record shows that the case was tried after the death of George Stevens.
The intervenor-appellant Rawson B. Harmon purchased the interest of Edilia C. Stevens and her minor child in the property of the estate of George Stevens, accounting ...