STATE BAR OF ARIZONA v. ARIZONA LAND TITLE & TRUST CO.

No. 6724.

91 Ariz. 293 (1962)

371 P.2d 1020

The STATE BAR OF ARIZONA, a public corporation, and Ashby I. Lohse, Harry L. Buchanan, William C. Frey, Jerry H. Glenn, Henry R. Merchant, Jr., Robert H. Renaud and Sidney Weissberger, individually and as Members of the Committee on Unauthorized Pratice of the said State Bar of Arizona, Appellants and Cross-Appellees, v. ARIZONA LAND TITLE AND TRUST COMPANY, an Arizona corporation; Arizona Title Guarantee and Trust Company, an Arizona corporation; Lane Title and Trust Company, an Arizona corporation; Phoenix Title and Trust Company, an Arizona corporation; and Tucson Title Insurance Company, an Arizona corporation, Appellees and Cross-Appellants. Ashby I. LOHSE, Appellant, v. Ford HOFFMAN and C.L. Hoffman, doing business as Ford Hoffman Realty, Appellee.

Supreme Court of Arizona. En Banc.

May 31, 1962.


Attorney(s) appearing for the Case

Darrell R. Parker (deceased), Leslie C. Hardy, John E. Madden and John S. Schaper, Phoenix, for appellants and cross-appellees.

Boyle, Bilby, Thompson & Shoenhair, Tucson, for appellee and cross-appellant, Arizona Land Title & Trust Co.

Perry & Perry and Ryley, Carlock & Ralston, Phoenix, for appellee and cross-appellant, Arizona Title Guarantee & Trust Co. (Now Arizona Title Insurance and Trust Company).

Cunningham, Carson & Messinger, Phoenix, for appellee and cross-appellant, Phoenix Title and Trust Co.

Darnell, Holesapple, McFall & Spaid, Tucson, for appellee and cross-appellant, Tucson Title Insurance Company.

Jennings, Strouss, Salmon & Trask and William T. Birmingham, Phoenix, for appellee, Union Title Company. (Successor to Lane Title & Trust Company).

Stephen B. Rayburn, Phoenix, for appellee, Ford Hoffman and C.L. Hoffman, dba Ford Hoffman Realty.

F. Trowbridge vom Baur, Washington, D.C., E.N. Eisenhower, Tacoma, Wash., Terrell Marshall, Little Rock, Ark., Raymond Reisler, Brooklyn, N.Y., Thomas J. Boodell, Chicago, Ill., Jonathan F. Ells, Winsted, Conn., H.H. Perry, Jr., Albany, Ga., Melvin F. Adler, Fort Worth, Tex., and William L. Murphey, Los Angeles, Cal., for the American Bar Association, as Amici Curiae.

Johnson, Darrow, D'Antonio, Hayes & Morales, Tucson, for Arizona Association of Realtors, Inc., Yuma Board of Realtors, Inc., Northern Arizona Board of Realtors, Inc., Prescott Real Estate Board, Inc., Cochise County Board of Realtors, Inc., Eastern Arizona Board of Realtors, Inc., Glendale Board of Realtors, Inc., Wickenburg Real Estate Board, Inc., Sedona Board of Realtors, Inc., Phoenix Real Estate Board, Inc., Tucson Board of Realtors, Inc. and Mesa-Chandler-Tempe Real Estate Board, Inc., as Amicus Curiae.

Lewis, Roca, Scoville, Beauchamp & Linton, Phoenix, for Arizona Association of Realtors, Inc., Yuma Board of Realtors, Inc., Northern Arizona Board of Realtors, Inc., Prescott Real Estate Board, Inc., Eastern Arizona Board of Realtors, Inc., Glendale Board of Realtors, Inc., Wickenburg Real Estate Board, Inc., and Sedona Board of Realtors, Inc., as Amicus Curiae.

Snell & Wilmer, Phoenix, for Phoenix Real Estate Board, Inc., as Amicus Curiae.

Hall & Jones, Tucson, for Tucson Board of Realtors, Inc., as Amicus Curiae.

Johnson & Shelley, Mesa, for Mesa-Chandler-Tempe Real Estate Board, Inc., as Amicus Curiae.

Gust, Rosenfeld & Divelbess, Phoenix, Conner & Jones, Tucson, and Evans, Kitchel & Jenckes, Phoenix, as Amici Curiae.


LOCKWOOD, Justice.

Certain real estate boards throughout the state requested and were granted leave to file a brief amicus curiae on a motion for rehearing. They urge that the court, in declaring what instruments a real estate broker, agent or salesman may properly draft or prepare without being engaged in unauthorized practice of law, by inadvertence failed to include an instrument described only as "the customary preliminary...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases