Newman v. Fidelity Savings & Loan Ass'n
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fifth Judicial District, in and for the County of Gila. E. W. Lewis, Judge. STATEMENT OF FACTS BY THE COURT.
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APPEAL from a judgment of the District Court of the Fifth Judicial District, in and for the County of Gila. E. W. Lewis, Judge. STATEMENT OF FACTS BY THE COURT. The reeord in this case consists of an agreed statement of the ease permitted by paragraph 1522, Civil Code, as amended by section 11 of chapter 74 of the Session Laws of Arizona, approved March 21,1907. This action was commenced by the appellee as plaintiff against the appellants as defendants to foreclose a realty mortgage made to it by William M. and Annie D. Stallard. The appellants Newman and Hill were made defendants to the…
1Opinion of the CourtCunningham, J.
The appellants base their argument for a reversal, in part, upon the premise that the release of the Jackson mortgage was a forgery. "We do not deem it necessary to consider whether or not a falsification of a public record made under the circumstances disclosed by the record in this case is a forgery. We concede that the act of Stallard releasing the Jackson mortgage, while it and the note secured by it were assigned by him and in the possession of his assignees, was fraudulent, and deprives any person having knowledge of the fraud from reaping any benefits therefrom. The appellee does not…
2Cases cited13 opinions
- Connecticut Mutual Life Insurance v. TalbotIndiana Supreme Court · 1887
- Williams v. JacksonSupreme Court of the United States · 1883
- Merrill v. HurleySouth Dakota Supreme Court · 1895
- Bank of the State v. AndersonSupreme Court of Iowa · 1863
- Jenks v. ShawSupreme Court of Iowa · 1896
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