Bennett v. United States Land, Title & Legacy Co.
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Maricopa. J. C. Phillips, Judge. STATEMENT OP PACTS BY THE COURT. The appellant, in his representative capacity, commenced two actions, seeking to recover separate city lots alleged to belong to the estate of L. E. Payson, deceased. The property involved in the first action was in the actual occupancy of Jessie P. Tull and her husband, M. Tull.
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APPEAL from a judgment of the Superior Court of the County of Maricopa. J. C. Phillips, Judge. STATEMENT OP PACTS BY THE COURT. The appellant, in his representative capacity, commenced two actions, seeking to recover separate city lots alleged to belong to the estate of L. E. Payson, deceased. The property involved in the first action was in the actual occupancy of Jessie P. Tull and her husband, M. Tull. The property involved in the second action was in the actual occupancy of J. M. Barney. The property involved in both actions was property upon which the said estate held a. mortgage, made…
1Opinion of the CourtCunningham, J.
This is a statutory action in the nature of an action in ejectment for the recovery of real estate. In such actions the complainant or plaintiff must recover on the strength of his own title. Paragraph 4110, Ariz. Rev. Stats. 1901. The common source of the title involved is through Joseph H. Holmes. The question is whether plaintiff, as the representative of the estate of L. E. Payson, has acquired the title and the right of possession incident thereto through his sheriff’s deed, based upon the mortgage and foreclosure sale.
Plaintiff acquired all the title and right to possession he claims…
2Cases cited7 opinions
- Teal v. WalkerSupreme Court of the United States · 1884
- McDermott v. BurkeCalifornia Supreme Court · 1860
- Western Union Tel. Co. v. Ann Arbor R.Court of Appeals for the Sixth Circuit · 1898
- Strong v. SmithSupreme Court of New Jersey · 1905
- Goodwin v. MarkwellSupreme Court of Florida · 1896
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3Cited by5 opinions
- Michelet v. ColeNew Mexico Supreme Court · 1915
- Wayt v. WaytArizona Supreme Court · 1979
- Woods v. First Nat. Bank of Albuquerque, N. M.Court of Appeals for the Ninth Circuit · 1926
- Del Rio Land, Inc. v. HaumontCourt of Appeals of Arizona · 1972
- Golden Mane Acquisitions, Inc. v. 100 Wall Street Associates (In Re Golden Mane Acquisitions, Inc.)United States Bankruptcy Court, N.D. Alabama · 1999