Legal Opinion

Fechet v. Drake

Arizona Supreme Court

Decided January 19, 1887No. Civil No. 170PublishedCited by 12 opinions

APPEAL from a judgment of tie District Court of the First Judicial District in and for the County of Pima. The facts are stated in the opinion.

1Opinion of the CourtBarnes, J.

Plaintiff in this ease seeks to quiet title to real estate mentioned in his complaint. He derives his title from a judgment sale under a decree of ■ foreclosure of a mortgage. The mortgage was executed-August 8, 1883, and the sheriff’s sale under a decree of foreclosure was made June 2, 1885, and, after time of redemption had expired, a deed was executed and delivered. On April 1, A. D. 1885, defendant became the assignee in insolvency of the mortgagee.

The question in this case is whether the property in question passed by the mortgage, or remained in the mortgagor, and passed by the…

2Cases cited5 opinions

  1. Minnesota Co. v. St. Paul Co.Supreme Court of the United States · 1865
  2. Snedeker v. . WarringNew York Court of Appeals · 1854
  3. Pyle v. PennockSupreme Court of Pennsylvania · 1841
  4. Pickerell v. CarsonSupreme Court of Iowa · 1859
  5. McDonald v. Minneapolis Lumber Co.Supreme Court of Minnesota · 1881

3Cited by12 opinions

  1. Frost v. SchinkelNebraska Supreme Court · 1931
  2. Sanford v. Gates, Townsend & Co.Montana Supreme Court · 1898
  3. Fish v. Valley Nat. Bank of PhoenixArizona Supreme Court · 1946
  4. Power v. LenoirMontana Supreme Court · 1899
  5. Defense Plant Corp. Tax Assessment CaseSupreme Court of Pennsylvania · 1944

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