STEWART v. WILEY

No. 9890.

106 Ariz. 213 (1970)

474 P.2d 804

Lawrence W. STEWART, Danny Lee Stewart, Jerry David Stewart, David Stewart, Kenneth D. Stewart, Appellants, v. Gertrude Scarlett WILEY, Individually and as Executrix of the Estate of Edie F. Lance, also known as Edie Frances Stewart, deceased, Evelyn Reed, Abbie Winifred Cobb, Martha Elmirra Meyer, and Florence Fern Westcott, Appellees.

Supreme Court of Arizona, In Division.

September 28, 1970.


Attorney(s) appearing for the Case

Eldridge & Benchoff, by Patrick E. Eldridge, Phoenix, for appellants.

Mariscal & Goss, Phoenix, by Don Van Camp, Glendale, and Rudolph Mariscal, Phoenix, for appellees Wiley, Meyer and Westcott.

Stanfield & McCarville, by William A. Stanfield, Eloy, for appellees Reed and Cobb.


HAYS, Justice.

This is a suit to establish an unrecorded deed which has been lost or destroyed. At the close of the plaintiffs' case, the trial judge directed a verdict for the defendants from which this appeal is taken.

After her husband's death, in 1937, Edie Frances Stewart became the sole owner of and had record title to 80 acres of farmland situated near Tolleson, Arizona. On or about May 9, 1965, Edie Frances Stewart died testate, devising 5/6 of this...

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