KENGLA v. STEWART

No. 6252.

82 Ariz. 365 (1957)

313 P.2d 424

Herman W. KENGLA and Mary J. Kengla, his wife, and James M. Sawtelle and Ruby L. Sawtelle, his wife, for themselves and others similarly situated, Appellants, v. Virgil P. STEWART and Wilma M. Stewart, husband and wife; Leo C. Rice and Margaret M. Rice, husband and wife; Hillary C. Nunnink and Dorothy Nunnink, husband and wife; on behalf of themselves and others similarly situated, Appellees.

Supreme Court of Arizona.

July 2, 1957.


Attorney(s) appearing for the Case

Joseph B. Judge and Lawrence E. Holladay, Tucson, for appellants.

May, Lesher & Dees, Tucson, for appellees.


PHELPS, Justice.

This is an appeal from a judgment in favor of plaintiffs-appellees and against defendants-appellants, the nature of which will be more particularly set forth hereafter. The parties will be hereinafter referred to as plaintiffs and defendants as they are designated in the trial court.

The facts are that early in the year 1925 Judge Sawtelle (then judge of the Federal Court District 2 in Arizona) joined his wife in subdividing 160 acres of desert...

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