Legal Opinion

Provident Mutual Building-Loan Ass'n v. Schwertner

Arizona Supreme Court

Decided May 6, 1914No. Civil No. 1355PublishedCited by 20 opinions

APPEAL from a judgment of the Superior Court of the County of Cochise. A. C. Lockwood, Judge. The facts are stated in the opinion.

1Opinion of the CourtRoss, J.

Action by appellee to remove a cloud upon his title to lots in Willcox, Cochise county, Arizona. The alleged cloud consists of a deed of trust executed on November 17, 1899, by A. Josef Schwertner and wife to the Title Guarantee & Trust Company, trustee, to secure a loan evidenced by note from the Provident Mutual Building-Loan Association. The trust deed is set out in complaint in Jiaec verba, followed by an allegation that the note to secure which the trust deed was given, and all interest and penalties, had been fully paid and discharged; that trust deed remains unsatisfied of record and…

2Cases cited1 opinion

  1. Tracy v. WheelerNorth Dakota Supreme Court · 1906

3Cited by20 opinions

  1. Cosper v. the Valley BankArizona Supreme Court · 1925
  2. Security Trust & Savings Bank v. McClureArizona Supreme Court · 1925
  3. Span v. MaricopaCourt of Appeals of Arizona · 2019
  4. Gideon v. St. CharlesArizona Supreme Court · 1915
  5. Hodge v. TruaxWashington Supreme Court · 1935

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