Legal Opinion

Smith v. Mosbarger

Arizona Supreme Court

Decided March 13, 1916No. Civil No. 1454PublishedCited by 9 opinions

APPEAL from a judgment of tlie Superior Court of the County of Maricopa. John C. Phillips, Judge.

1Opinion of the CourtRoss, C. J.

Plaintiff seeks to have canceled a deed of his property to defendant Smith upon the ground, as I gather from his complaint, that the same was by the escrow keeper delivered over to Smith without his authority, and before the conditions entitling its delivery had been performed, and also for the cancellation of a mortgage on the property executed by Smith and wife to defendant Stillwell, upon the ground that Stillwell had full knowledge of all the facts, and knew that the purchase price had not been paid, and that the deed was not to be delivered to Smith until the purchase price was paid.

The…

2Cases cited5 opinions

  1. Western Manufacturing Co. v. CottonCourt of Appeals of Kentucky · 1907
  2. Walker v. EbertWisconsin Supreme Court · 1871
  3. Maxfield v. SchwartzSupreme Court of Minnesota · 1890
  4. Williams v. HamiltonSupreme Court of Iowa · 1898
  5. Corbett v. KinganArizona Supreme Court · 1915

3Cited by9 opinions

  1. Darner Motor Sales, Inc. v. Universal Underwriters InsuranceArizona Supreme Court · 1984
  2. Mutual Benefit Health & Accident Ass'n v. FerrellArizona Supreme Court · 1933
  3. Apolito v. JohnsonCourt of Appeals of Arizona · 1966
  4. Bradley v. Industrial CommissionArizona Supreme Court · 1938
  5. Demund v. BensonArizona Supreme Court · 1928

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