Arizona Power Corp. v. Smith

This appeal is from a judgment which, in an action by appellee, M. R. Smith, against appellants, The Arizona Power Corporation and Arizona Mining Supply Corporation, 1 for conversion of personal property and injury to real property owned by appellee, awarded damages to appellee in the sum of $12,741.75, with interest and costs.

On May 17, 1935, Davis-Dunkirk Mines, Inc., hereafter called Davis-Dunkirk, leased to A. P. Gagge certain real property (eight patented and fourteen unpatented mining claims), hereafter called the Davis-Dunkirk real property, in Yavapai County, Arizona, and certain personal property (mining materials, equipment, machinery, tools and accessories), hereafter called the Davis-Dunkirk personal property, situate on and used in connection with the Davis-Dunkirk real property. On May 31, 1935, Gagge assigned the lease to Bradshaw Mines, Inc., hereafter called Bradshaw. Thereafter, prior to December 27, 1937, Bradshaw placed on the Davis-Dunkirk real property certain personal property (mining materials, equipment, machinery, tools and accessories), hereafter called the Bradshaw property. On December 27, *889 1937, Bradshaw was adjudged a bankrupt, and its case was…