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City of Phoenix v. Elias

Supreme Court of Arizona

February 26, 1946

CITY OF PHOENIX
v.
ELIAS et ux

Appeal from Superior Court, Maricopa County; M. T. Phelps, Judge.

Affirmed in part and reversed in part.

Richard Minne, City Atty., and William C. Fields, Asst. City Atty., both of Phoenix, for appellant.

Moore, Romley & Roca, of Phoenix, for appellees.

John L. Sullivan, Atty. Gen., Earl Anderson, Asst. Atty. Gen., and Edwin Beauchamp, Co. Atty., and Loretta C. Savage, Deputy Co. Atty., both of Phoenix, for amici curiae.

Stanford, Chief Justice. La Prade and Morgan, JJ., concur.

OPINION

Stanford, Chief Justice.

[64 Ariz. 96] In the trial court the appellees herein were styled the plaintiffs, and we will hereafter designate the appellees the plaintiffs, and the appellant the defendant.

Plaintiffs brought their action in the superior court claiming that they were the owners in fee simple of certain real estate located in the City of Phoenix, Arizona, the property being described as lots 7, 8, 9

Page 590

and 10, in block 34, City of Phoenix, according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, in book 2 of Maps at page 51 thereof. The complaint alleged that the defendant, City of Phoenix, made some claim to the property and asked that the city be barred from claiming any right or title to the property.

The defendant, City of Phoenix in its answer set forth that its claim was based on its general tax lien against the premises for unpaid real and personal property taxes which had been duly levied and assessed by the city pursuant to the laws of the State of Arizona for the years "1932 through 1943" and the amount of the lien for such taxes, together with penalties, charges and interest to February 10, 1944, was $ 4,287.86. The city further alleged that it claimed a general tax lien on the premises for the calendar year 1944.

Plaintiffs, replying to defendant's answer, alleged that they acquired the property by tax deed from the State of Arizona on January 6, 1944, and that by reason [64 Ariz. 97] thereof the general tax lien claimed by the city was discharged.

The property involved was sold to the state for delinquent state and county taxes and a certificate of purchase was issued to the state. After the expiration of the statutory period the state, ...


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