Hardinge v. Empire Zinc Co.
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Pima. W. F. Cooper, Judge. statement op pacts by the court.
Read the full summary
APPEAL from a judgment of the Superior Court of the County of Pima. W. F. Cooper, Judge. statement op pacts by the court. The appellant commenced this action, alleging, in-brief, that he claimed the ownership of an equitable estate in certain described patented >mines, amounting to an undivided one-twentieth part of the premises, describing them, and alleging “that he is credibly informed and believes that the above-named defendant [Empire Zinc Company] makes some claims adverse to the complaint and adverse to the plaintiff and the plaintiff’s interest and estate, ...” with the usual prayer…
1Opinion of the CourtCunningham, J.
The appellant assigns as error the order granting the motion excluding the testimony condition*85ally admitted under an avowal of plaintiff; in rejecting other evidence offered; in directing the jury’s verdict; and in refusing a new trial.
The action is one in its nature the statutory action to quiet and establish title in the plaintiff to an undivided one-twentieth interest of, in and to the San Xavier group of mines in the possession of the defendant, held by an unbroken chain of record title from the sovereign of the soil.
The title asserted by the plaintiff is claimed to be equitable in its…
2Cited by5 opinions
- Cutter Aviation, Inc. v. Arizona Department of RevenueCourt of Appeals of Arizona · 1997
- Allison v. StateArizona Supreme Court · 1966
- Price v. SunfieldArizona Supreme Court · 1941
- In Re GlimcherUnited States Bankruptcy Court, D. Arizona · 2011
- State Ex Rel. Cities Service Gas Co. v. Public Service CommissionSupreme Court of Missouri · 1935