EDWARDS et al.
Appeal from Superior Court, Maricopa County; Dudley W. Windes, Judge.
Dwight L. Solomon, of Phoenix, for appellants.
Jerry Mulloy, of Phoenix, pro se.
Jennings & Tenney, of Phoenix, for appellee.
Stanford, Chief Justice. La Prade and Udall, JJ., concur.
Stanford, Chief Justice.
[66 Ariz. 214] Appellee brought this action in the trial court as plaintiff to restrain appellants (defendants) from using certain lands claimed by appellee as a right of way. In addition to the request for injunction in the action brought, there was also a request for the definite establishment of the originally dedicated right of way, it being claimed by appellee that appellants had encroached upon and fenced the true street, and were using instead appellee's roadway.
On October 7, 1896, the New England Land Company filed in the office of the county recorder of Maricopa County, Arizona, the plat of Woodford Addition, which was therein recorded in Book 2 of Maps at page 54. This map (of the lots, blocks, and streets of Woodford Addition to Glendale, Arizona) covered all of Section
8, T 2 N, R 2 E, Maricopa County, except 80 acres. The addition was surveyed and [66 Ariz. 215] platted by H. R. Robinson, surveyor, and the plat purports to be a true and correct map of said Woodford Addition to Glendale, showing the lots, blocks, and dimensions of the same and the width of all streets, and dedicates the streets to the public.
Some of appellants herein own property to the south of the property of this appellee, and, as stated, there was a street between the property to the south and appellee's Lot 10, and said right of way was established with the filing of the townsite plat by the New England Land Company in 1896.
On June 22, 1944, appellee filed a plat subdividing said Lot 10 (which consists of approximately 10 acres) of the Woodford Addition under the name of ...