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McCARRELL v. STATE

No. 6780.

88 Ariz. 395 (1960)

357 P.2d 139

C.A. McCARRELL, a single man, Spencer Balcomb and Donna Balcomb, his wife, Appellants, v. STATE of Arizona ex rel. Robert MORRISON, Attorney General, Appellees.

Supreme Court of Arizona.

November 23, 1960.

Attorney(s) appearing for the Case

Earl Platt, St. Johns, for appellants.

Robert Morrison, former Atty. Gen., Wade Church, present Atty. Gen., Leslie C. Hardy, Chief Asst. Atty. Gen., James A. Yankee, Sp. Asst. Atty. Gen., for appellees.

PHELPS, Justice.

This case came to us on appeal from a judgment of the superior court of Apache County. Appellants will be hereinafter designated as defendants and appellees as plaintiffs.

The facts are that in 1934 the Arizona State Highway Department leased a small tract of land from one Spencer Balcomb, Sr., located at Sanders, Arizona, several miles east of Holbrook, Apache County, alongside the Santa Fe Railroad right of way. It occupied said land as...

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