Johns v. Wilson
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. This was a complaint, in the' nature of a bill in equity, under tbe Arizona code,v^led-in the district court of Maricopa County, by the appellee, Wilson, (who had already, in a prior suit, foreclosed a mortgage upon certain real estate against John M. Armstrong, mortgagor, and Robert E. Daggs, purchaser of the premises,) against Alvin L. Johns, subsequent purchaser pendente lite of the same premises, and also against…
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. This was a complaint, in the' nature of a bill in equity, under tbe Arizona code,v^led-in the district court of Maricopa County, by the appellee, Wilson, (who had already, in a prior suit, foreclosed a mortgage upon certain real estate against John M. Armstrong, mortgagor, and Robert E. Daggs, purchaser of the premises,) against Alvin L. Johns, subsequent purchaser pendente lite of the same premises, and also against William A. Daggs, tenant in possession, Eobert E. Daggs, his landlord, and A. Jackson Daggs, agent of Eobert E., to…
1Opinion of the CourtJustice Brown
This case involves the right of a mortgagee to relief against one who secretly purchased the premises just prior to a bill being filed for the foreclosure of the mortgage, and who withheld his deed from record until after the summons in the foreclosure suit had been served, and a lis pendens had been filed.
At the time the original foreclosure suit was begun, the de fendant William A. Daggs was in possession of the premises, and the title, so far as disclosed by the record, then appeared to be in Robert E. Daggs. But after it had culminated in a sale of the premises, June 6, 1894, and the…
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