Green v. Tuttle
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Graham. Owen T. Rouse, Judge.
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APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Graham. Owen T. Rouse, Judge. Statement of facts:— This action was commenced by appellees, plaintiffs below, in the district court of Graham County, Arizona, by complaint filed March 8, 1895, asking that the title to certain lands therein described, amounting to one hundred and twenty aeres, be adjudged to appellees, alleging that appellant and her co-defendants claimed an interest therein adverse to appellees. Appellant, for herself, and as administratrix of John S. Green,, deceased, and as…
1Opinion of the CourtHawkins, J.
(after stating the facts).—Numerous errors are assigned, but it is not necessary to notice any except (1) that the lands being community property, not held by the appellant in her own right, her deed was void; and (2) her deed was without consideration, and was void. The deed in this case was intended to be the deed of John S. Green. When it was executed by Follett, his alleged attorney in fact, and joined in by his wife, John S. Green was dead. It was therefore void. His widow, supposing he was alive, at the request of' Follett, joined in the execution of the deed. It was not intended that…
2Cases cited2 opinions
- Speier v. OpferMichigan Supreme Court · 1888
- France v. ConnorSupreme Court of the United States · 1896
3Cited by1 opinion
- Mubi v. BroomfieldArizona Supreme Court · 1972