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RAESTLE v. WHITSON

No. 13582.

119 Ariz. 524 (1978)

582 P.2d 170

Ophelia A. RAESTLE, a widow, Appellant, v. John WHITSON, Amelia B. Marglin and Greg Marglin, Appellees.

Supreme Court of Arizona, In Banc.

July 10, 1978.

Attorney(s) appearing for the Case

George M. Ireland, Prescott, for appellant.

Favour & Quail, P.A. by John M. Favour, Prescott, for appellees.

GORDON, Justice:

Following a trial before the Superior Court of Yavapai County, the court found Ophelia Raestle to be a constructive trustee of real estate, (hereinafter referred to as the Brown homesite, See Appendix) and ordered Raestle to deliver a quit claim deed for the property to Amelia Marglin. Raestle appealed the judgment and order, and we have taken jurisdiction pursuant to rule 47(e), Rules of the Supreme Court, 17A A.R.S.

The parties claimed the...

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