64 P. 414 | Ariz. | 1901
On the sixth day of July, 1894, George W. Hoadley, as administrator of the estate of Robert Garside, deceased, brought suit in the district court of Maricopa County against J. M. Allen and W. B. Casey to recover the possession of certain real estate situate in said county, and for the. value of the rents and profits thereof. The complaint was in the usual form in ejectment eases. The answer of the defendants was a general denial of the allegations of the complaint. Hoadley subsequently resigned as administrator of the Garside estate, and was succeeded in the trust by J. W. Evans. The latter was substituted as party plaintiff, and the action thereafter proceeded in his name. Upon the trial in the court below the plaintiff obtained judgment for the recovery of the possession of the disputed premises, and also for the sum of $1,680, as the. value of the rents and profits for the period during which possession was unlawfully withheld hy the defendants. Prom this judgment of the district-court the defendants prosecuted an appeal.
It appears from the record that the real estate in controversy is the southeast quarter of section 33, township 2 north, range 3 east, Gila and Salt River Meridian, and that on January 28, 1881, the legal title thereto became vested in Jonathan M. Bryan, the common source from which both the appellee and the appellant Allen claim title. It further appears that on August 28, 1883, Bryan died intestate, seized of these premises, encumbered by a mortgage of twelve hundred dollars, which he had executed in his lifetime to one M. W. Kales. In his estate were also several other parcels of realty»
Several propositions of error are assigned which have relation to rulings made by the trial court in favor of the admissibility of the documentary evidence offered in support of the appellee’s title, and to certain findings which are predicated thereon. It is contended by the appellants that the judgment in the district court ease, of Kales against Kales, administrator, is void upon its face, and that neither the judgment-roll nor the subsequent muniments dependent thereon can constitute any evidence of title in the appellee, and it is in
Sloan, J., and Doan, J., concur.
Street, C. J., having been of counsel, took no part in this decision.