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MOUNTAIN STATES TEL. & TEL. CO. v. KENNEDY

No. 1 CA-CIV 7857.

147 Ariz. 514 (1985)

711 P.2d 653

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Plaintiff-Appellee, v. Earl D. KENNEDY, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

November 21, 1985.

Attorney(s) appearing for the Case

Robert A. Hayes, Phoenix, for defendant-appellant.

Fennemore, Craig, von Ammon, Udall & Powers, P.C. by C. Webb Crockett, Timothy Berg, Jane E. Nicoletti-Jones, Phoenix, for plaintiff-appellee.

OPINION

GRANT, Presiding Judge.

Appellant Earl D. Kennedy (Kennedy) is the owner of two adjoining five acre parcels of land in Phoenix, Arizona. Kennedy acquired the first parcel directly from the federal government by a land patent pursuant to the Small Tract Act, 43 U.S.C.A. § 682a et seq. (repealed 1976). Kennedy acquired the second parcel, originally conveyed through the Small Tract Act, by quitclaim deed. This parcel is bounded by Paradise...

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