McCord v. McCord
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Third Judicial District, in and for Maricopa County. Edward Kent, Judge. STATEMENT BY THE COURT.
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APPEAL from a judgment of the District Court of the Third Judicial District, in and for Maricopa County. Edward Kent, Judge. STATEMENT BY THE COURT. This action was commenced by the appellant, Anna M. McCord, in December, 1909, in the district court of Maricopa county, against Mary Emma McCord, the appellee, to recover a community interest in certain property in Phoenix, Arizona, which the appellant claimed as the surviving widow of Myron H. McCord, who died in April, 1908. The ease was tried to the court without a jury. Prom a judgment for the defendant, and the denial of a motion for a new…
1Opinion of the CourtDoan, J.
(After Stating' the Facts as Above).- — -As it is conceded that a lawful marriage was consummated between the appellant and McCord in 1861, the disposition of the property must be based upon the fact, or supposition, of the dissolution of that marriage by divorce, upon the validity of such divorce, if found or presumed, or if such divorce is not found or presumed to be valid, upon the estoppel of the appellant by reason of her acts, conduct, or silence during the time intervening between her separation from McCord in 1876 and his death. The decision of the lower court was couched in the…
2Cases cited3 opinions
- Pittinger v. PittingerSupreme Court of Colorado · 1901
- Evans v. WoodsworthIllinois Supreme Court · 1904
- Hammond v. HammondCourt of Appeals of Texas · 1908
3Cited by12 opinions
- Bertha Tatum v. Oscar TatumCourt of Appeals for the Ninth Circuit · 1957
- Unruh v. Industrial CommissionArizona Supreme Court · 1956
- Pendleton v. BrownArizona Supreme Court · 1923
- Sanders v. SandersArizona Supreme Court · 1938
- Cross v. CrossArizona Supreme Court · 1963
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