Ferguson v. Roberts

LaPRADE, Justice.

This is an appeal by the appellants (plaintiffs below) from a judgment dismissing their quiet title action and quieting title in the appellee (defendant below).

On August 26, 1944, appellee by bargain sale deed, conveyed 40 acres of land in Pima County to one Mary Lou Tomeny, “for and in consideration of the sum of $10.00, love and affection”. The deed conveyed “* * * all the estate, right, title, interest, claim, of homestead property, possession, claim and demand whatsoever * * (Emphasis supplied.) This deed was recorded October 13, 1944.

On December 11, 1944, appellants…