KING RANCH PROP. LTD. PART. v. SMITH

No. 2 CA-CV 88-0067.

158 Ariz. 271 (1988)

762 P.2d 558

KING RANCH PROPERTIES LIMITED PARTNERSHIP, an Arizona limited partnership, Plaintiff/Appellee, v. Clyde SMITH and Marsha L. Smith, husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied November 1, 1988.


Attorney(s) appearing for the Case

Sternberg, Sternberg & Rubin by Mitchell Reichman, Phoenix, for plaintiff/appellee.

Crampton, Woods, Broening & Oberg by Don P. Crampton, Phoenix, for defendants/appellants.


OPINION

FERNANDEZ, Judge.

In this adverse possession case, we must determine if the court was correct in granting summary judgment and finding that there was continuous possession for the required statutory period. The issue is whether there was privity of estate sufficient to permit tacking of the adverse periods. We affirm.

On May 27, 1963, a partnership consisting of Esther and James King, Rubenstein Construction Company, Howard and Bessie Bendalin...

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