Hutton v. Cramer
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fifth Judicial District in and for the County of Gila. Eugene A. Tucker, Judge. The facts are stated in the opinion. With regard to conversations and transactions between appellee and A. T. Epley, the deceased, appellee’s testimony (upon which he relied for his proof) is not entitled to a high degree of credit as the other party to the transaction is dead. Rev. Stats.
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APPEAL from a judgment of the District Court of the Fifth Judicial District in and for the County of Gila. Eugene A. Tucker, Judge. The facts are stated in the opinion. With regard to conversations and transactions between appellee and A. T. Epley, the deceased, appellee’s testimony (upon which he relied for his proof) is not entitled to a high degree of credit as the other party to the transaction is dead. Rev. Stats. Ariz. 1901, par. 2536; Page v. Burnstine, 102 U. S. 668, 26 L. Ed. 270; Stuart v. Lord, .138 Cal. 672, 72 Pac. 143. There was, without reference to the so-called “notice,” no…
1Opinion of the CourtSloan, J.
Appellant, Peter L. Hutton, as administrator of the estate of A. T. Bpley, deceased, brought suit in the district court of Gila County against John J. Cramer, appellee, to quiet the title to the Gem mining claim situate in the Globe mining district of said county. The ease was heard by the court without a jury, and a judgment entered for the appellee quieting the.latter’s title to said mine in accordance with the prayer of his cross-complaint. From this judgment the appeal is taken.
The facts, as disclosed by the record, are these: In 1903 A. T. Epley was the owner of the Gem mining claim.…
2Cases cited4 opinions
- Bury v. YoungCalifornia Supreme Court · 1893
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Thatcher v. Wardens & Vestrymen of St. Andrew's ChurchMichigan Supreme Court · 1877
3Cited by6 opinions
- McKemey v. KetchumSupreme Court of Iowa · 1919
- O'Brien v. O'BrienNorth Dakota Supreme Court · 1910
- Flynn v. FlynnIdaho Supreme Court · 1909
- Allred v. AllredArizona Supreme Court · 1941
- McMahon v. DorseyMichigan Supreme Court · 1958
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