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ARNOLD v. CESARE

No. 2 CA-CIV 4497.

137 Ariz. 48 (1983)

668 P.2d 891

Vivian ARNOLD and Susan L. Cesare, Plaintiffs/Appellants, v. Joseph R. CESARE and Title Security Agency of Arizona, an Arizona corporation, as Trustee of Trust Nos. 402 and 403, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 17, 1983.

Review Denied July 6, 1983.

Attorney(s) appearing for the Case

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by Michael J. Meehan, Tucson, for plaintiffs/appellants.

Slutes, Browning, Sakrison & Grant, P.C. by William D. Browning, Tucson, for defendants/appellees.

OPINION

HOWARD, Chief Judge.

This is a suit for declaratory judgment and for partition of real property. Appellants contend the trial court erred in refusing the admittance of certain evidence as being violative of the parol evidence rule and in not distributing certain of the realty in kind rather than mandating a sale. We affirm.

Vivian Arnold is Susan Cesare's mother and Susan married Joseph Cesare in 1957...

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