Moore v. Moody
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the county of Graham. A. G. McAlister, Judge. STATEMENT OF FACTS BY THE COURT.
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APPEAL from a judgment of the Superior Court of the county of Graham. A. G. McAlister, Judge. STATEMENT OF FACTS BY THE COURT. The defendants, William A. Moore, Andrew Brimhail, Evans Coleman and Thomas Hundley are sued to quiet title to a portion of unsurveyed public land in Graham county, alleged to be held by plaintiff by right of possession, pursuant to paragraph 4717, Revised Statutes of Arizona, of 1913. The defendants Moore and Brimhail assert a right to possession of a portion of plaintiff’s claim by reason of having located and occupied a similar claim by reason of a full compliance…
1Opinion of the CourtCunningham, J.
(After Stating the Pacts as Above).— The first case decided by the supreme court of the territory of Arizona, Davis v. Simmons, 1 Ariz. 25, 25 Pac. 535, decided at the January, 1866, term, gives to the settler upon unsurveyed public lands first in time first in right of possession. The natural justice of that proposition cannot be questioned. The proposition that priority of appropriation of the unsurveyed public lands by settlement gives priority of right to the premises appropriated is settled law in this state.
*555The plaintiff, W. A. Moody, had, under the evidence, the actual possession of a…
2Cases cited1 opinion
- Davis v. SimmonsArizona Supreme Court · 1866
3Cited by1 opinion
- Ortiz v. ManningArizona Supreme Court · 1938