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Farrell v. West

Supreme Court of Arizona
Jul 7, 1941
57 Ariz. 490 (Ariz. 1941)

Summary

finding courts should refuse to quiet title to property unless plaintiff does equity by tendering the amount owed

Summary of this case from Silvas v. GMAC Mortgage, LLC

Opinion

Civil No. 4350.

Filed July 7, 1941.

1. QUIETING TITLE. — In action to quiet title, party invoking the court's jurisdiction is required to do equity, and if unsatisfied balance is due a defendant-mortgagee or his assignee, court will not quiet title until party pays off such mortgage lien, though it be barred by limitation.

2. MORTGAGES. — Where deed absolute in form actually constituted a mortgage, and third parties paid balance thereon to mortgagee and mortgagor brought suit to quiet title, trial court should determine amount which should be added to the original mortgage debt by virtue of third parties' payment, and render judgment quieting title upon mortgagor's payment into court of balance due on the debt.

See 22 Cal. Jur. 134, 5 R.C.L. 664 (2 Perm. Supp., p. 1447).

APPEAL from a judgment of the Superior Court of the County of Graham. Wm. G. Hall, Judge. In our opinion, ante, p. 332, 113 P.2d 866, the judgment was reversed and the cause remanded with directions to enter judgment in favor of plaintiff quieting his title to the land. Upon motion for rehearing by appellees, said opinion modified.

Mr. George D. Locke, Mr. Thomas W. Glenn, and Mr. Charles Rogers, for Appellant; Mr. J. Bolivar Sumter, on the Brief.

Messrs. Morris Malott, for Appellees.


Appellees Carl and Henry West in a motion for rehearing insist that, since they paid Pursley a balance on the mortgage, they became the equitable assignees thereof by subrogation and that being so the judgment should require the mortgagor Farrell to reimburse them as a condition to quieting his title to the land.

[1] In an action to quiet title, the party invoking the court's jurisdiction is required to do equity and, if it appears there is an unsatisfied balance due a defendant-mortgagee, or his assignee, the court will not quiet the title until and unless he pays off such mortgage lien, though it be barred by limitation. Provident Mutual Building-Loan Association v. Schwertner, 15 Ariz. 517, 140 P. 495.

As thus modified, the opinion stands.

[2] The case is remanded, with instructions that the trial court hear evidence of the amount, if any, which should be added to the original mortgage debt and, if it should be determined that there is any balance due thereon, upon its payment by Farrell into court, judgment quieting his title to be rendered.

LOCKWOOD, C.J., and McALISTER, J., concur.


Summaries of

Farrell v. West

Supreme Court of Arizona
Jul 7, 1941
57 Ariz. 490 (Ariz. 1941)

finding courts should refuse to quiet title to property unless plaintiff does equity by tendering the amount owed

Summary of this case from Silvas v. GMAC Mortgage, LLC

refusing to quiet title until and unless the plaintiff tenders the amount owed, as required in equity

Summary of this case from Hermosillo v. Caliber Home Loans Inc.

noting that where there is "an unsatisfied balance due to a defendant-mortgagee, or his assignee, the court will not quiet the title until and unless [plaintiff] pays off such mortgage lien"

Summary of this case from Daghlan v. TBI Mortg. Co.

refusing to quiet title until and unless the plaintiff tenders the amount owed, as required in equity

Summary of this case from Frame v. Cal-Western Reconveyance Corp.

noting that where there is "an unsatisfied balance due to a defendant-mortgagee, or his assignee, the court will not quiet the title until and unless [plaintiff] pays off such mortgage lien"

Summary of this case from Schultz v. Bac Home Loan Servicing, LP

noting that where there is "an unsatisfied balance due to a defendant-mortgagee, or his assignee, the court will not quiet the title until and unless [plaintiff] pays off such mortgage lien"

Summary of this case from Singer v. Bac Home Loan Servicing, LP

refusing to quiet title unless plaintiff does equity by tendering the amount owed

Summary of this case from Eason v. Indymac Bank
Case details for

Farrell v. West

Case Details

Full title:J.A. FARRELL, Appellant, v. CARL WEST and HENRY WEST, Appellees

Court:Supreme Court of Arizona

Date published: Jul 7, 1941

Citations

57 Ariz. 490 (Ariz. 1941)
114 P.2d 910

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