Sullivan v. Woods
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Pima. Joseph D. Bethune, Judge. Statement of facts:— This was an action of forcible entry and detainer, commenced before the justice of the peace of Tucson Precinct, appealed to the district court.
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APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Pima. Joseph D. Bethune, Judge. Statement of facts:— This was an action of forcible entry and detainer, commenced before the justice of the peace of Tucson Precinct, appealed to the district court. On the 17th of August, 1894, Sullivan was indebted to the appellees in the sum of $1,361. To evidence and secure this debt, appellees had the promissory note of appellant and a mortgage on the real estate in controversy. On said day, the debt being due and unpaid, payment was demanded, and appellant…
1Opinion of the CourtHawkins, J.
(after stating the facts).—The appellant, in the trial of the cause, claimed that the agreement above stated was a defeasance, which changed the deed absolute, executed by defendant to plaintiffs, to a mortgage. Under the complaint and answer filed in the justice court the title to the real property was not in question. The only issue to be tried was the right of possession, and the justice correctly overruled the motion. The defendant did not sign the written agreement. It is by its terms simply an option permitting defendant to repurchase the property within six months from its date. In…
2Cases cited11 opinions
- Henley v. HotalingCalifornia Supreme Court · 1871
- Perot v. CooperSupreme Court of Colorado · 1891
- Chiniquy v. People ex rel. SwigertIllinois Supreme Court · 1875
- Gassert v. BogkMontana Supreme Court · 1888
- Ganceart v. HenryCalifornia Supreme Court · 1893
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3Cited by9 opinions
- B.W.L. Sam v. StateArizona Supreme Court · 1928
- Olds Bros. Lumber Co. v. RushingArizona Supreme Court · 1946
- Johnson v. National Bank of CommerceWashington Supreme Court · 1911
- Merryweather v. PendletonArizona Supreme Court · 1962
- Curtis v. MorrisCourt of Appeals of Arizona · 1996
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