Pheby v. Lake Superior & Arizona Mining Co.

Citations

• 10 Ariz. 88
• 85 P. 952
• 1906 Ariz. LEXIS 104

Syllabus

<p>1. Mines and Mining — Sale—Equitable Interest — Notice—Bona Fide Purchaser for Value. — A statement by defendant to the president of a corporation which to defendant’s knowledge was-in possession of a mining claim under an option to purchase, and was about to exercise the option, that he would have had an interest-in said claim if L. had done as he agreed to do, to which the-president replied that if there was any misunderstanding between defendant and L. the time to arrange that would be before the money was turned over, was insufficient to put either the president or his-company upon notice of defendant’s interest or claim of interest.</p> <p>2. Evidence — Preponderance.—It is within the province of a trial court to take the testimony of one witness as against other witnesses- and enter judgment accordingly.</p> <p>3. Mines and Mining — Action to Quiet Title — Equitable Interest-for Defense — Bona Fide Purchaser. — Where plaintiff having the-legal title to a mining property brought an action to quiet title,, and defendant answered admitting plaintiff’s legal title but set up-an equitable interest,' asking that such equitable interest be confirmed and the legal title held by plaintiff be conveyed to defendant, defendant assumed the attitude of one seeking to enforce unequitable interest as against the legal title and plaintiff was entitled to plead that it was a tona fide purchaser for value without notice-</p>