Legal Opinion

Nugent v. Stofella

Arizona Supreme Court

Decided March 30, 1906No. Civil No. 917PublishedCited by 1 opinion

APPEAL from a judgment of the District Court of the Third Judicial District in and for the County of Yuma. John H. Campbell, Judge. Statement of facts:— Action by M. J. Nugent against John Stofella to quiet title to certain property and praying that a certain deed and mortgage affecting the property, be canceled. The defendant filed an answer and cross-complaint, asking that his title to the property be established.

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APPEAL from a judgment of the District Court of the Third Judicial District in and for the County of Yuma. John H. Campbell, Judge. Statement of facts:— Action by M. J. Nugent against John Stofella to quiet title to certain property and praying that a certain deed and mortgage affecting the property, be canceled. The defendant filed an answer and cross-complaint, asking that his title to the property be established. Judgment was entered establishing the title of the plaintiff to the property, and decreeing the defendant to be without title thereto, and decreeing that the deed and mortgage…

1Opinion of the CourtKent, C. J.

The plaintiff alone has appealed from the judgment. The evidence in the case is not before us; the record presenting for our consideration the question simply, whether the conclusions of law and the judgment entered thereon are supported by the findings. The court found as facts that on the fourth day of January, 1905, and for a long time prior thereto, one Magdalena C. Heyl was the owner and in possession of the property in question, subject to certain judgment liens in favor of the defendant, Stofella, on which there was due him on January 4, 1905, the sum of $15,700, with interest; that on…

2Cases cited11 opinions

  1. Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Neblett v. MacFarlandSupreme Court of the United States · 1876
  3. Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
  4. Railroad Company v. Soutter Et Al.Supreme Court of the United States · 1872
  5. Davis v. . LeopoldNew York Court of Appeals · 1881

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3Cited by1 opinion

  1. Levy ex rel. Levy v. StofellaArizona Supreme Court · 1912

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