Hein v. Nutt, 4843

• Decision Date: 17 September 1947
• Docket Number: 4843
• Parties: HEIN v. NUTT et al
• Court: Arizona Supreme Court

184 P.2d 656

66 Ariz. 107

HEIN v. NUTT et al

No. 4843

Supreme Court of Arizona

September 17, 1947

[Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted]

66 Ariz. 107 at 115.

Original Opinion of March 31, 1947, Reported at 66 Ariz. 107.

Stanford, Chief Justice. LaPrade and Udall, JJ, concurring.

OPINION

STANFORD, Chief Justice.

A rehearing was granted and certain errors appearing in our original opinion have now been corrected in the permanent printed reports.

On the motion for rehearing plaintiff-appellant complains of our statement (which is fully supported by the record) that the plaintiff Hein had a lease in 1940 from the State of Arizona covering section 36. Possibly his silent partners, the D'Arrizo brothers, also may have had an interest therein. However, this whole question is purely academic for it can have no possible bearing on the establishment of the disputed section corner.

As corrected, our opinion of March 31, 1947, shall remain in full force and effect.