Costello v. Cunningham
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Cochise. Frank O. Smith, Judge. STATEMENT OF FACTS BY THE COURT.
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APPEAL from a judgment of the Superior Court of the County of Cochise. Frank O. Smith, Judge. STATEMENT OF FACTS BY THE COURT. This action was commenced on April 5, 1912, by Mary Aileen and Patricia Julia Cunningham, minors, as the heirs at law of Patrick Cunningham, deceased, by the guardian of their estate, Emil Marks, against the estate of Martin Costello and Mary M. Costello, as the executrix of the last will of Martin Costello, deceased, seeking an accounting for the net proceeds of the sales of 17 mines situate in the Warren mining district in Cochise County, Arizona, alleged to have…
1Opinion of the CourtCunningham, J.
Reference to the parties will be made as they appeared in the complaint, as plaintiffs and defendant, for convenience.
The theory of the cause as presented by the complaint is that Patrick Cunningham acquired and owned an undivided *460one-half interest in the 17 mines with Martin Costello; that Costello held the record titles in his name, and that Cunningham’s title is equitable in its nature, based upon a contract made between Costello and Cunningham; that Costello procured the record titles to the mines- in his name pursuant to such contract, and held title pursuant to the terms of the contract…
2Cases cited5 opinions
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Nims v. ShermanMichigan Supreme Court · 1880
- Anderson v. SnowdenWashington Supreme Court · 1906
- Leatherwood v. RichardsonArizona Supreme Court · 1908
- Davis v. GivensSupreme Court of Missouri · 1879
3Cited by23 opinions
- Murillo v. HernandezArizona Supreme Court · 1955
- Dockery v. Central Arizona Light & Power Co.Arizona Supreme Court · 1935
- Stewart v. SchnepfArizona Supreme Court · 1945
- Deschamps v. DeschampsMontana Supreme Court · 1922
- Smith v. ConnorArizona Supreme Court · 1959
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