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ARIZONA TITLE INSURANCE & TRUST COMPANY v. SMITH

No. 2 CA-CIV 1516.

21 Ariz. App. 371 (1974)

519 P.2d 860

ARIZONA TITLE INSURANCE & TRUST COMPANY, an Arizona corporation, Appellant, v. Mary W. SMITH, as Executrix of the Estate of Norman H. Smith, Deceased, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 9, 1974.

Review Denied May 7, 1974.

Attorney(s) appearing for the Case

Stuart Herzog, Tucson, for appellant.

Murphy, Vinson & Hazlett, P.C., by Carl E. Hazlett, John U. Vinson and Thomas M. Murphy, Tucson, for appellee.

OPINION

HATHAWAY, Chief Judge.

Defendant Arizona Title Insurance and Trust Company (the company) appeals from a judgment rendered in favor of Mary W. Smith, widow and executrix of the estate of policy holder Norman H. Smith.

When Mr. Smith moved to Tucson from Colorado in 1961 for health purposes, he owned several parcels of real estate in Colorado. Between 1962 and 1966, he searched for suitable investment property in Tucson. In early 1966, two real...

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