Reports of Cases Argued and Determined in the Supreme Court of the Territory of Arizona, Volume 2Bancroft-Whitney Company {etc.}, 1904 - Law reports, digests, etc |
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Results 1-5 of 41
Page 71
... MORTGAGES - FORECLOSURE - WRIT OF ASSISTANCE - GRANTING IMPROV- IDENT WHERE PARTIES IN POSSESSION CLAIM PARAMOUNT TITLE AND ARE NOT CONCLUDED BY FORECLOSURE PROCEEDINGS - WHEN PROPER -PRACTICE.- Where persons , not parties to ...
... MORTGAGES - FORECLOSURE - WRIT OF ASSISTANCE - GRANTING IMPROV- IDENT WHERE PARTIES IN POSSESSION CLAIM PARAMOUNT TITLE AND ARE NOT CONCLUDED BY FORECLOSURE PROCEEDINGS - WHEN PROPER -PRACTICE.- Where persons , not parties to ...
Page 72
... mortgage . Montgomery v . Tutt , 11 Cal . 191 ; Reynolds v . Harris , 14 Cal . 667 , 76 Am . Dec. 459 . All persons coming in under defendant in the suit must go out under the writ , and , prima facie 72 [ 2 Ariz . ASHER v . Cox .
... mortgage . Montgomery v . Tutt , 11 Cal . 191 ; Reynolds v . Harris , 14 Cal . 667 , 76 Am . Dec. 459 . All persons coming in under defendant in the suit must go out under the writ , and , prima facie 72 [ 2 Ariz . ASHER v . Cox .
Page 73
... mortgage to the plaintiffs on an undivided one - third interest in the Red Rover mine , in Maricopa county ; he at that time claiming to be the owner of the remaining two - thirds of the mine , accord- ing to plaintiffs ' showing . In ...
... mortgage to the plaintiffs on an undivided one - third interest in the Red Rover mine , in Maricopa county ; he at that time claiming to be the owner of the remaining two - thirds of the mine , accord- ing to plaintiffs ' showing . In ...
Page 107
... mortgage , paying the amount due thereon , or to levy simply on the right or equity of redemption . This option is for the benefit of the creditor , and to be exercised as he may deem to his interest . The officer should not be ...
... mortgage , paying the amount due thereon , or to levy simply on the right or equity of redemption . This option is for the benefit of the creditor , and to be exercised as he may deem to his interest . The officer should not be ...
Page 108
... MORTGAGE - TITLE REMAINS IN MORTGAGOR UNTIL FORE- CLOSURE .-- A chattel mortgage in this territory is a security merely , and until foreclosure , or some act tantamount thereto , the title to the property mortgaged remains in the ...
... MORTGAGE - TITLE REMAINS IN MORTGAGOR UNTIL FORE- CLOSURE .-- A chattel mortgage in this territory is a security merely , and until foreclosure , or some act tantamount thereto , the title to the property mortgaged remains in the ...
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Common terms and phrases
action admission affidavit affirmed alleged Appellee application assignment bank Barnes cause certificate Chap charge Charouleau cited Civil cohabitation Comp Compiled Laws complaint concur Congress contract conveyance County of Cochise County of Pima court of equity creditors CRIMINAL deed Defendant and Appellant District Court duty Edmunds Act equity error evidence facts fendant filed findings fraud fraudulent Fraudulent Conveyances husband indictment indorsement irrigation issue judge judgment Judicial District jury land LAWS ARIZ Lord & Williams marriage ment mining claims Mohave County mortgage motion negligence opinion party patent payment person Pima county plaintiff polygamy Porter possession proof question quiet title reason refused rule San Pedro river Santa Cruz river separate property statute supra supreme court taxation term territory of Arizona testimony thereof tion transcript trial United verdict warrant wife Williams Company Woffenden writ writ of assistance
Popular passages
Page 52 - State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States...
Page 207 - That the constitution and all laws of the United States which are not locally inapplicable, shall have the s*ame force and effect within the said territory of Nebraska as elsewhere within the United States...
Page 124 - That any contract of exemption 'is to be rigidly scrutinized, and never permitted to extend, either in scope or duration, beyond what the terms of the concession clearly require.' And that such exemptions are regarded 'as in derogation of the sovereign authority and of common right, and therefore not to be extended beyond the exact and express requirement of the grants construed strictlssimi juris.
Page 49 - That all Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed...
Page 253 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 482 - with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof.
Page 233 - This case, therefore, treats it rather as an admission of a fact than as a contract, and the case decides that the statute of limitations begins to run from the date of the last item of the account.
Page 184 - In considering the rights and obligations arising out of particular relations, it is competent for courts of justice to regard considerations of policy and general convenience, and to draw from them such rules as will, in their practical application, best promote the safety and security of all parties concerned.
Page 176 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 106 - ... accident or surprise which ordinary prudence could not have guarded against...