ROSEN v. RAE

No. 2 CA-CIV 3791.

132 Ariz. 509 (1982)

647 P.2d 640

Martin ROSEN, Ray Katz and Stephen Katz, Executors of the Estate of Herman Katz, deceased, Plaintiffs/Appellees, v. Joseph RAE and Lee Rae, husband and wife; Stephen M. Rae, David A. Rae; Minnesota Title Company, a corporation; Ranchlands, Inc., an Arizona corporation; Ranchlands Water Company, an Arizona corporation; Loma Alta Development Corporation, an Arizona corporation; The Pomponious Falco Enterprises, Inc., an Arizona corporation; and Rocking K Water Company, an Arizona corporation, Defendants/Appellants. MINNESOTA TITLE COMPANY TRUST NOS. 10,104, 10,106, 10,123, 10,132 AND 10,245; Rocking K Water Company, an Arizona corporation; Ranchlands, Inc., an Arizona corporation; Ranchlands Water Company, an Arizona corporation; Loma Alta Development Corporation, an Arizona corporation; The Pomponious Falco Enterprises, Inc., an Arizona corporation; Joseph Rae and Lee Rae, husband and wife; Lee Rae, as Trustee for Stephen M. Rae and David A. Rae, Counterclaimants/Appellants, v. Martin ROSEN, Ray Katz and Stephen Katz, Executors of the Estate of Herman Katz, deceased, and individually; Donald R. Diamond and Joan B. Diamond, husband and wife; William A. Estes, Jr., and Shirley A. Estes, husband and wife; James N. Shedd and Jean P. Shedd, husband and wife; Transamerica Title Insurance Company, a California corporation, not in its individual corporate capacity, but solely in its capacity as Trustee under Trust Nos. 8165 and 8166; John Does 1-100; Jane Does 1-100; XYZ Corporations 1-15, Counterdefendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 28, 1982.

Review Denied June 22, 1982.


Attorney(s) appearing for the Case

Donald E. Gabriel, Tucson, for defendants/appellants.

Miller, Pitt & Feldman, P.C. by Robert A. Fortuno, Tucson, for counterdefendants/appellees Diamond, Estes and Shedd.

Chandler, Tullar, Udall & Redhair by Joe F. Tarver, Tucson, for plaintiffs/appellees.

Bilby, Shoenhair, Warnock & Dolph, P.C. by Susan M. Schauf, Tucson, for counter-defendant/appellee Transamerica Title.


OPINION

HATHAWAY, Judge.

This appeal arises out of litigation concerning real property in Tucson known as Rocking K Ranch. No useful purpose would be served by detailing the procedural aspects of this litigation, which gave rise to the judgment and order that are challenged on this appeal. The judgment decreed specific performance of a contract for the sale of the real property and the appointment of a receiver to take possession and control of the real and...

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