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NICHOLAS v. GILES

No. 7994.

102 Ariz. 130 (1967)

426 P.2d 398

Clarence M. NICHOLAS and Mary Ida Nicholas, his wife, Appellants, v. Ray I. GILES and Marie Giles, husband and wife, Appellees.

Supreme Court of Arizona, In Banc.

April 6, 1967.

Attorney(s) appearing for the Case

John M. Levy, Emmett R. Feighner, (Deceased), Phoenix, for appellants.

Gibbons, Kinney & Tipton, Phoenix, for appellees.

STRUCKMEYER, Justice.

On October 6, 1960, plaintiffs-appellees brought a quiet title action against defendants-appellants, claiming title to a vacant lot in the City of Phoenix, Arizona. The trial court, sitting without a jury, found, consistent with Nicholas v. Fowler, 89 Ariz. 7, 357 P.2d 331, that the tax deed was void because of the failure of the underlying affidavit to show that plaintiffs...

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