Schwertner v. Provident Mutual Building-Loan Ass'n
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Cochise. A. C. Lockwood, Judge.
1Opinion of the CourtRoss, C. J.
The appellees, as owners of a trust deed in the nature of a mortgage, were proceeding under the power of sale therein to advertise the mortgaged premises, the property of appellant’s ward, for sale, when appellant filed' his complaint with the court, praying that the appellees be enjoined from selling the property under the power of sale, and'assigned as reasons therefor, among others, that such a proceeding was unauthorized by law and was in violation of law, and that such a sale and a conveyance thereunder would create and east a cloud upon the title of his ward. The appellees demurred 'to…
2Cases cited5 opinions
- Steinfeld v. NielsenArizona Supreme Court · 1913
- Scott v. District Court of the Fifth Judicial DistrictNorth Dakota Supreme Court · 1906
- Andrade v. AndradeArizona Supreme Court · 1912
- Provident Mutual Building-Loan Ass'n v. SchwertnerArizona Supreme Court · 1914
- Goldwater v. Hibernia Savings & Loan SocietyCalifornia Court of Appeal · 1912
3Cited by10 opinions
- Atlantic Loan Co. v. PetersonSupreme Court of Georgia · 1935
- Davis v. SavageNew Mexico Supreme Court · 1946
- Kenly v. Miracle PropertiesDistrict Court, D. Arizona · 1976
- Lincoln v. Superior CourtCalifornia Supreme Court · 1934
- Ainsworth v. National BankArizona Supreme Court · 1928
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