COMBS v. DuBOIS

No. 2 CA-CIV 4418.

135 Ariz. 465 (1982)

662 P.2d 140

Marvin D. COMBS, Plaintiff/Appellant, v. Marcellus William DuBOIS and Eva F. DuBois husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 31, 1983.

Review Denied March 29, 1983.


Attorney(s) appearing for the Case

Bilby, Shoenhair, Warnock & Dolph, P.C. by David A. Paige, Tucson, for plaintiff/appellant.

Gust, Rosenfeld, Divelbess & Henderson by Michael L. McAllister, Phoenix, for defendants/appellees.


OPINION

HOWARD, Chief Judge.

The main issue in this case is whether appellees DuBois presented sufficient evidence to show that they had acquired Comb's land by adverse possession.

In 1974 Combs bought 161 acres of vacant land from the estate of Etta Hooker. This property was landlocked, being surrounded by the property owned by appellees DuBois. When DuBois refused to grant Combs an easement of ingress and egress through their property, Combs filed...

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