Nicholas v. Giles

STRUCKMEYER, Justice.

On October 6, 1960, plaintiffs-appellees brought a quiet title action against defendants-appellants, claiming title to a vacant lot in the City of Phoenix, Arizona. The trial court, sitting without a jury, found, consistent with Nicholas v. Fowler, 89 Ariz. 7, 357 P.2d 331, that the tax deed was void because of the failure, of the underlying affidavit to show that plaintiffs used due diligence, as required by A.R.S. § 11-743, in notifying the previous owners of their intention to take the tax deed. The trial court also found that “plaintiffs have had peaceable possession…