HIGGINBOTHAM v. KUEHN

No. 8344.

102 Ariz. 37 (1967)

424 P.2d 165

Daniel H. HIGGINBOTHAM, aka D.H. Higginbotham, and Naomi W. Higginbotham, his wife, Appellants, v. Ethel KUEHN, Appellee.

Supreme Court of Arizona. In Banc.

March 1, 1967.


Attorney(s) appearing for the Case

Christy, Kleinman, Peterson, Hoyt & Fuller, Phoenix, for appellants.

Greig Scott and Jack C. Cavness, Phoenix, for appellee.


STRUCKMEYER, Justice.

This quiet title action was instituted by Ethel Kuehn, a widow, against Daniel H. and Naomi W. Higginbotham, his wife, seeking title by adverse possession to a one and one-half foot strip of property. The trial court entered judgment in favor of Kuehn and the Higginbothams appealed.

Since the only serious questions concern the sufficiency of the evidence, the facts will be stated and taken in a light most favorable to support the judgment...

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