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Giovani v. Rescorla

Supreme Court of Arizona

June 29, 1949

GIOVANI et al.
v.
RESCORLA et al

Appeal from Superior Court, Cochise County; Gordon Farley, Judge.

Judgment reversed with directions.

John Pintek, of Bisbee, for appellants.

David J. Marks & Wesley E. Polley, of Bisbee, for appellees.

Stanford, Justice. LaPrade, C. J., and Udall, Phelps, and De Concini, JJ., concur.

OPINION

Stanford, Justice.

[69 Ariz. 21] C. J. Beezley and Catherine Beezley, his wife, were the owners of the surface and 40 feet of Lot 6, Block 2 of the Townsite of Bakerville, an addition to the city of Bisbee, Cochise County, Arizona. They were the parents of appellants Dorothy Thelma Giovani, Lydia Beatrice Giovani and Ena Marie Cain, and grandparents of Merilee Giovani, the daughter of Lydia Beatrice.

Catherine Beezley passed away September 27, 1919. C. J. Beezley married Beatrice Frazier Sorsby, interpleader defendant (appellee) in April, 1921. He died February 10, 1923. Beezley left a nonintervention will giving all of his property to his wife, appellee herein. On June 16, 1927, she filed a petition for the probate of the will and was appointed executrix. Apparently nothing further was done until the filing of this suit. Beatrice Frazier Sorsby was also appointed the guardian of the estates of the three Beezley children on March 31, 1923.

Ena Marie married Howard Cain in the year 1926, and left the home, which is the property involved in this litigation. Since her marriage she has not lived on the property. On June 16, 1927, an uncle and aunt of the children adopted the two younger children, and Beatrice Frazier Sorsby joined in the adoption by giving her consent.

The facts show that on October 31, 1936, the property in question was advertised to be sold by the county treasurer on account of delinquent taxes assessed against appellee Beatrice Frazier Sorsby for prior [69 Ariz. 22] years. In December, 1941, a treasurer's deed was issued to William Frazier, the then husband of Beatrice Frazier Sorsby, she having married him August 7, 1933. On November 10, 1942, Beatrice Frazier Sorsby deeded the property to William

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Frazier. April 25, 1944, William Frazier deeded the property back to Beatrice Frazier Sorsby and this deed was recorded on May 2, 1944.

This action to quiet title based on adverse possession was filed on October 8, 1946 by the appellees Joe Rescorla and Ada Rescorla, who ...


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