PHLEGAR v. ELMER

No. 6372.

84 Ariz. 204 (1958)

325 P.2d 881

E.O. PHLEGAR and Lucille K. Phlegar, his wife, Appellants, v. Marie L. ELMER, formerly known as Marie L. Williams, a divorced woman, and formerly known as Marie L. Smith; County of Maricopa, Arizona, and State of Arizona, Appellees.

Supreme Court of Arizona.

May 21, 1958.


Attorney(s) appearing for the Case

Carl W. Divelbiss and Melvin J. Owens, Phoenix, for appellants.

Milton L. Ollerton, Phoenix, for appellee Marie L. Williams.


WINDES, Justice.

The dispute here is whether the trial court was correct in rendering a summary judgment in favor of appellee Marie L. Elmer, defendant and counter-claimant below, against appellants E.O. Phlegar and his wife, plaintiffs below, to quiet title to certain real property. Validity of the judgment must be tested by the facts reflected in the record.

Appellee is the former wife of one Thad G. Smith. While they were husband and wife, appellants in...

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