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BOHR v. CARLISE

No. 1 CA-CIV 1189.

14 Ariz. App. 172 (1971)

481 P.2d 542

Victor A. BOHR and Betty W. Bohr, his wife, Appellants, v. Richard C. CARLISE and Rose M. Carlise, his wife, Angeline Carlise, Angeline Carlise, as Executrix of the Estate of Anthony Carlise, Deceased, and Arizona Title Insurance & Trust Company, an Arizona corporation, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied April 1, 1971.

Review Denied May 4, 1971.

Attorney(s) appearing for the Case

Donald D. Meyers, Phoenix, for appellants.

Michael A. Bosco, Jr., and Trew & Woodford, by Joseph B. Swan, Jr., Phoenix, for appellees Carlise.

Johnson & Shaw, by Joseph P. Shaw, Phoenix, for Arizona Title Ins. & Trust Co.

HAIRE, Judge.

This is an appeal from a summary judgment in favor of Richard Carlise, and others (hereinafter the "Carlises") and against Victor and Betty Bohr, arising from an action to quiet title to 54 acres of land.

The uncontested facts are as follows. In 1959, the Bohrs entered into a trust agreement wherein Arizona Title & Trust Company was designated as trustee, Progressive Investment Corporation was designated as

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