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MACK v. AUGUSTINE

No. 1 CA-CIV 183.

3 Ariz. App. 542 (1966)

416 P.2d 436

James E. MACK, Administrator of the Estate of Lena L. Thornton, deceased, Harry Baker, George Baker, Ora Baker Brockway, Lena Baker Toedt and Everett Baker, Appellants, v. M.C. AUGUSTINE and Margaret G. Augustine, his wife, H.S. Lauer and Barbara Lauer, his wife, and Phoenix Title & Trust Company, a corporation, Appellees.

Court of Appeals of Arizona.

June 30, 1966.

Attorney(s) appearing for the Case

D. Kelly Turner, Scottsdale, for appellants.

Duane Wyles, Phoenix, Stockton & Hing by Henderson Stockton, Phoenix, Charles A. Stanecker, Phoenix, for appellees.

STEVENS, Chief Judge.

This is an appeal from a summary judgment in favor of the defendants-appellees, against the plaintiffs-appellants, the ancillary administrator and heirs of the estate of Mrs. Lena L. Thornton, in an action for recision and fraud concerning the sale of 160 acres of desert land. The motion for summary judgment raised law defenses and also raised the issue as to the sufficiency of the record to establish...

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