Anderson v. Thompson

PORTER, J.,

dissenting.—Appellee brought a foreclosure suit in Pima County against Peter and Martha E. Moore, alleging that appellants claimed an interest in the mortgaged premises. Appellants disclaimed any interest in one quarter section, but set up claim to the other quarter section by virtue of homestead under the laws of the' United States, and also claimed two thirds of a certain ditch as appurtenant thereto.

The findings are that, at the time the Moores executed the mortgage, they were living on the land, and were the owners of the fixtures and improvements thereon, including a…