KING v. UHLMANN

Nos. 7418, 7423.

103 Ariz. 136 (1968)

437 P.2d 928

Roy H. KING and George Ellis, Appellants, v. Ernest UHLMANN and Richard Peil, Jr., and Arizona Title Guarantee & Trust Co., Appellees. Ernest UHLMANN, Appellant, v. George ELLIS, Appellee.

Supreme Court of Arizona. In Banc.

Rehearing Denied March 12, 1968.


Attorney(s) appearing for the Case

John E. Madden, John S. Schaper, Phoenix, for appellants King and Ellis and appellee Ellis.

Snell & Wilmer, by Mark Wilmer, Phoenix, for appellee and appellant, Uhlmann.

Johnson & Shaw, by Marvin Johnson, Phoenix, for appellee, Richard Peil, Jr.

Perry, Coulter & Head, by A.R. Perry, Phoenix, for appellee, Arizona Title Guarantee & Trust Co.


McFARLAND, Chief Justice:

This is a case in which an action was brought by George Ellis as plaintiff against Ernest A. Uhlmann, Tracey Gaffey, and Richard Peil, Jr., as defendants, for an adjudication of the rights in certain real property. The superior court held the title to the property, the sale of which was negotiated by Ernest Uhlmann, to be subject to a constructive trust, and that since the date of the transaction in 1956 defendant Ernest Uhlmann and his wife...

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