Wetzler v. Howell

PEESCOTT, Superior Judge.

This is an appeal from an order sustaining plaintiff’s plea in bar to the cross-complaint of Julius Wetzler, and from a judgment to quiet title in plaintiffs and against the defendants to certain lands in Apache county, Arizona.

The complaint sets out two causes of action, one in ejectment and the other to quiet title; both actions involve the same property; the action in ejectment was dismissed before trial, the plaintiffs elected to go to trial upon their action to quiet title, alleging that they were the owners in fee of the lands in question; that the defendants…