Costello v. Muheim
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Cochise. Fletcher M. Doan, Judge. Statement of facts:— Action by Martin Costello against Joseph Muheim to quiet title to a patented mining claim. From a judgment for defendant, plaintiff has appealed. Reversed.
1Opinion of the Court
NAYE, J. —
Appellant brought suit under the statute to quiet title to the Hidden Treasure patented mining claim. The defendant pleaded the bar of the following statute of limitations: “Every suit instituted to recover real property as against any person having peaceable and adverse possession thereof, cultivating, using and enjoying the same, and paying taxes thereon, if any, and claiming under a deed or deeds duly recorded, shall be instituted within five years next after the cause of action shall have accrued, and not afterwards." Part of par. 2937, Rev. Stats. 1901. The facts in the case…
2Cases cited5 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Boynton v. HaggartCourt of Appeals for the Eighth Circuit · 1903
- Stegall v. HuffTexas Supreme Court · 1881
3Cited by22 opinions
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- Lewis v. FarrahArizona Supreme Court · 1947
- Lewis v. Pleasant Country, Ltd.Court of Appeals of Arizona · 1992
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