STATE v. McCARRELL

No. 6217.

80 Ariz. 243 (1956)

295 P.2d 1088

STATE of Arizona ex rel. Robert MORRISON, Attorney General, 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., R.G. Langmade, Asst. Atty. Gen., for appellant.

Earl Platt, St. Johns, for appellees.


PHELPS, Justice.

This is an appeal by the state of Arizona from a judgment dismissing with prejudice plaintiff's complaint in which it was sought to set aside a default judgment theretofore entered against the state, arising out of an action to quiet title to certain land located at Sanders in Apache County adjacent to the Santa Fe Railroad and U.S. Highway 66 running through that town. The facts will be hereinafter more fully set out.

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