TAYLOR v. STANFORD

No. 8727.

100 Ariz. 346 (1966)

414 P.2d 727

Gerald L. TAYLOR and Mildred Taylor, his wife, Lake Pleasant Inn, Inc., Petitioners, v. The Honorable R.C. STANFORD, Jr., Judge of Superior Court of the State of Arizona in and for the County of Maricopa, Robert E. Miller, Clerk of Superior Court of State of Arizona in and for Maricopa County, and L.C. "Cal" Boies, Sheriff of Maricopa County, Respondents.

Supreme Court of Arizona. In Banc.

May 18, 1966.


Attorney(s) appearing for the Case

Leibsohn, Garrett & Goldstein, and Phillip Weeks, Phoenix, for petitioners.

D. Kelly Turner, Scottsdale, for respondents Pony Acres Investment, Inc. and Emanuel Feingold.


BERNSTEIN, Vice Chief Justice.

On a petition for a writ of prohibition the issue before this court is whether, under an executory realty exchange contract, vendees under the contract can bring an unlawful detainer complaint to obtain possession when such complaint is predicated only upon alleged rights of the plaintiff under the executory contract.

Vendors and defendants below, Gerald and Mildred Taylor, and Lake Pleasant Inn, Inc. petition us from the Superior...

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