Collins

Collins v. Finley

Good Law
94 F.2d 935·1938 U.S. App. LEXIS 4546
United States Court of Appeals for the Ninth CircuitFebruary 24, 1938No. 8514California586 words

Opinion

Lead Opinion

Dénman, J.

This is an appeal from a decree quieting title to a parcel of land situated in Lount tract in -Churchills addition to the city of Phoenix, county of Maricopa, state of Arizona, in the appellee Finley.

The lower court held that the title to this -property had been quieted in Finley in prior litigation in the Arizona superior court .and, on the basis of the matter being res judicata, decreed that appellant-plaintiff has no interest, legal or equitable, in the property, and that she be enjoined from asserting such interest against appellee.

The brief of appellant presents a confused statement of - the points it seeks to raise. Its assignments of error concerning the admission of evidence are defective in their failure to set forth the evidence sought to be considered by the assignments. Though assigned in a highly inartificial manner, we are able to gather that appellant claims error, first, in the admission of the record in the prior litigation, and second, in deciding against appellant because that record fails to show that the pleading of Finley raised the question whether the title was in him or in the present appellant.

The prior adjudication was a suit to quiet title between…

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