Pugh v. Cook

HATHAWAY, Chief Judge.

This appeal is taken from the trial court’s rejection of appellants’ claim of two easements across appellees’ land and the court’s ruling that a “Well Agreement” between the parties was dissolved.

Stewart Title & Trust Company, as trustee, and Hildegarde Cook, as beneficiary, owned a 163-acre parcel of land in the Empire Mountains south of Tucson. In 1976, 22.8 acres were sold to appellees. The deed conveying the land provided that the interest of appellees was subject to “[established and/or existing roads, roadways and highways.” At the time of the conveyance, there…