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BIRCH v. DODT

No. 1 CA-CIV 85.

2 Ariz. App. 228 (1965)

407 P.2d 417

Kyle BIRCH and Margaret Birch, his wife, Appellants, v. Robert Charles DODT and Evelyn V. Dodt, his wife, Appellees.

Court of Appeals of Arizona. Division 1.

November 8, 1965.

Attorney(s) appearing for the Case

W.T. Choisser, Phoenix, for appellants.

Lewis, Roca, Scoville, Beauchamp & Linton, by Monroe G. McKay and John C. Hover, Phoenix, for appellees.

KRUCKER, Chief Judge.

This is an appeal from the Superior Court of Maricopa County, Arizona, Honorable Henry S. Stevens, Judge, wherein the plaintiffs, Robert Charles Dodt and Evelyn V. Dodt, his wife, obtained summary judgment on October 14, 1963, on their complaint against the defendants, Kyle Birch and Margaret Birch, his wife, for possession of real property.

The facts in the case are nowise in dispute. The sole question is a legal one applicable

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