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STATE v. McCARRELL

No. 6072.

80 Ariz. 240 (1956)

295 P.2d 1086

The STATE of Arizona, Appellant, v. C.A. McCARRELL, a single man, Spencer Balcomb and Donna Balcomb, his wife, Appellees.

Supreme Court of Arizona.

April 17, 1956.

Attorney(s) appearing for the Case

Robert Morrison, Atty. Gen., Gordon Aldrich, Asst. Atty. Gen., for appellant.

Earl Platt, St. Johns, for appellees.

PHELPS, Justice.

This is an appeal from an order of the superior court of Apache County denying defendant's motion to set aside a default judgment against the defendant, state of Arizona.

Plaintiffs brought an action under chapter 27, article 14, A.C.A. 1939 (sections 12-1101 to 12-1104, A.R.S. 1956) to quiet title to certain real property situated in Apache County. The property involved was at all times herein mentioned, occupied by the Arizona Highway Department...

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