Woods

Woods v. First Nat. Bank of Albuquerque, N. M.

Good Law
16 F.2d 856·1926 U.S. App. LEXIS 3949
United States Court of Appeals for the Ninth CircuitNovember 15, 1926No. 4873California1,429 words

Opinion

Lead Opinion

Rudkin, J.

This was a suit to foreclose a mortgage on certain real property" in tbe state of Arizona. Tbe parties to tbe mortgage were Joseph P. Woods, mortgagor, and Holbrook State Bank, mortgagee. Tbe complaint contains no averment as to tbe citizenship of either party, aside from a recital in the mortgage that tbe mortgagor was “of Holbrook, of tbe county of Navajo, state of Arizona,” and tbe mortgagee, “a corporation, of Holbrook, Navajo county, Ariz.” Tbe mortgagor died November 7, 1923, leaving a last will and testament, which was admitted to probate on January 21, 1924, and Chauncey Woods was appointed executor thereof. The beneficiaries under tbe will are Cbauncey Woods and Joseph Huston Woods, an infant for whom Rowena Woods is guardian.

Tbe parties to tbe present suit are tbe Pirst National Bank of Albuquerque, plaintiff, and Cbauncey Woods, individually and *857 as executor of the estate of Joseph E. Woods, deceased, Rowena Woods, guardian of Joseph Huston Woods, an infant, and Jesse S. Hulet, receiver of the Holhrook Bank in liquidation, defendants. The complaint avers that the plaintiff is a corporation organized and existing under the laws of the United States and is a citizen…

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