Edwards v. Sheets

STANFORD, Chief Justice.

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,…