Nugent v. Stofella

Citations

• 10 Ariz. 151
• 84 P. 910
• 1906 Ariz. LEXIS 113

Syllabus

<p>1. Action to Quiet Title — Equitable Nature. — An action to quiet title, being one in equity, has not lost its equitable character by reason of the statute defining and enlarging the original action.</p> <p>2. Equity — Judgment'—Power to Impose Terms.. — It is within the province of a trial court in rendering judgment in an action in equity to impose such terms upon the plaintiff, as a condition precedent to his recovery, as might be just and proper.</p> <p>3. Action to Quiet Title — Judgment—Recovery—Conditions Precedent — Equity.—Where plaintiff purchased property, agreeing to pay the mortgage thereon, and attempted to make such payment, but the mortgagee, in bad faith and for the purpose of defeating his title, evaded him and with full knowledge of the facts procured title under a foreclosure sale, and satisfied his mortgage and judgment of reeord, plaintiff is entitled to have his title quieted without being required to pay the mortgage, the maxim that he who seeks equity must do equity not being applicable.</p> <p>4. Equity — Relief from Transactions Tainted with Complainant’s Own Ebaud. — A willful wrongdoer actuated by fraudulent motives will be left by the court in the position where his fraudulent acts have placed him.</p>