Collins

Appellants filed an appeal from a judgment declaring appellees the owners of described premises, a town or city lot, and quieting their title as against appellants.

To begin with, Mrs. J. Gerard owned the lot in dispute, which is situated in Arizona. She conveyed it to the Greene and Griffin Real Estate and Investment Company, which in turn conveyed it to Hattie L. Mosher in 1914. Mrs. Mosher mortgaged it to Elsie B. Ganz on March 1, 1929, to secure the payment of a $6,000 note. Thereafter, Elsie Ganz instituted foreclosure proceedings, which terminated by her purchasing the lot and receiving a sheriff’s deed therefor in October; 1932. Prior thereto, on September 17, 1931, Mrs. Mosher leased the property for five years to O’Connell Brothers, Inc. On May 1, 1934, Elsie Ganz conveyed the premises to appellees, Joe and Jessie B. O’Connell.

The real estate company had in the first instance given Mrs. Gerard a mortgage in .the sum of $9,000 on two lots, including the one in dispute. This mortgage was assumed by Hattie L. Mosher when she acquired the premises from the real estate company. Mrs. Mosher and Mrs. Gerard made an agreement, which was acknowledged October 7, 1919, extending…