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City of Tucson v. Arizona Alpha of Sigma Alpha Epsilon, Inc.

Supreme Court of Arizona

July 6, 1948

CITY OF TUCSON et al.
v.
ARIZONA ALPHA OF SIGMA ALPHA EPSILON, Inc., et al

Appeal from Superior Court, Pima County; J. Mercer Johnson, Judge.

Affirmed.

Thos. J. Elliott, of Tucson, for appellant, City of Tucson.

J. C. Padilla, of Tucson, for appellant, Tucson Title Ins. Co.

Ben C. Hill, of Tucson, for appellees.

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

OPINION

Stanford, Chief Justice.

[67 Ariz. 331] This was an action for a declaratory judgment, and from a judgment validating the deed in question rendered in favor of plaintiffs (appellees), the defendants (appellants) prosecuted their appeal to this court.

The case was submitted to the trial court on the pleadings and an agreed statement of facts, which reads:

"The map of Buell's Addition to the City of Tucson discloses a 10-foot alley running east and west between the north line of Block 2 of Buell's Addition and the south line of Block 32 of Feldman's Addition. This alley was actually about 14 feet wide.

"The map of Feldman's Addition shows a 15-foot alley running north and south through Block 32, and that the 50-foot lots in this block running east and west from the alley have a uniform width of 192.5 feet. A part of the property owners on the east side of the north and south alley in Block 32 of Feldman's Addition erected

Page 563

buildings and fences which encroached on [67 Ariz. 332] the east side of this alley from 8.7 feet to 9.8 feet. The property owners on the west side, however, erected their fences and buildings from 8.5 feet to 10 feet west of the alley. Both of these alleys and the encroachments and set backs are shown on plaintiffs' Exhibit A attached to the complaint.

"The result of this was that a north and south alley about 15-feet wide remained open but over 10 feet of it encroached on lots on the west side.

"Continuously from about the year 1901 plaintiffs and their predecessors in interest have been the owners of Lot 30 in Block 32 of Feldman's addition except the north 35 feet thereof and Lots 6, 7 and 8 in Block 2 in Buell's Addition and have been in possession claiming under a duly recorded deed all that part of the east and west alley lying between the south property line ...


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