Mountain States Telephone & Telegraph Co. v. Kennedy

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 (repealed 1976).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 Lane on the north, Monte Cristo Avenue on the south and by 38th Avenue and 39th Ayenue on the east and west respectively. Apparently, it is this latter…