Bradford v. Morrison
Bradford v. Morrison
Opinion of the Court
This action was brought, by Priscilla Bradford, as plaintiff, to quiet title to certain unpatented mining claims. Robert E. Morrison, defendant, set up a judgment lien upon these claims. From a judgment sustaining the validity of this lien plaintiff has appealed.
The sole question presented is whether the lien of a general judgment attaches to an unpatented mining claim. At the time the judgment was rendered and docketed, act No. 50 (p. 70) of the sixteenth legislative assembly, approved March 17, 1891, was in force. Section 4 of that act is as follows: “Every such judgment, when so docketed shall, for a period of five years from the date of the rendition thereof, be a lien on the real property in the county where the same is docketed, except the homestead of every person against
The judgment of the lower court is affirmed.
Reference
- Full Case Name
- PRISCILLA BRADFORD, and v. ROBERT E. MORRISON, and
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Judgment — Lien—Unpatented Mining Claim — Rev. Stats. Ariz. 1887, Pab. 2932 and Acts of 1891, No. 50, Sec. 4, Construed.— An unpatented mining claim is subject to the lien of a judgment, under act No. 50, sec. 4, supra, providing that a judgment, properly docketed, shall be a lien on real property. 2. Mines and Mining — Unpatented Claims — Nature of Estate in.— The estate which the owner of an unpatented mining claim has therein is real property.