Farrell v. West
Cases that cite this one
15 later published cases cite this decision.
- Merryweather v. Pendleton (Ariz. 1962)
- Steinberger v. McVey (Ariz. Ct. App. 2014)
- Wolfson v. B of a (Ariz. Ct. App. 2014)
- Swango v. Nationstar Sub1, LLC (District Court, D. Oregon 2018)
- James Jones, Jr. v. Recon Trust Company (9th Cir. 2015)
- Ortiz v. Trinity Financial Services LLC (United States District Court for the District of Arizona 2015)
- George Walker v. Washington Mutual Bank Fa (9th Cir. 2014)
- Helen Reader v. Bank of America Na (9th Cir. 2014)
- Manicom v. Citimortgage, Inc. (Ariz. Ct. App. 2014)
- Bernard Przybylski, Jr. v. Federal National Mortgage Asso (9th Cir. 2014)
- Duane Varbel v. Countrywide Home Loans Incorpo (9th Cir. 2013)
- Mason v. Ellison (Ariz. 1945)
- Jose R. Aroca v. Tang Investment (Ariz. 2025)
- Lee v. PHH Mortgage (United States District Court for the District of Arizona 2024)
- Medrano v. Carrington Foreclosure Services, LLC (United States District Court for the District of Arizona 2019)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellees Carl and Henry West in a motion for rehearing insist that, since they paid Pursley a balance on the mortgage, they became the equitable assignees thereof by subrogation and that being so the judgment should require the mortgagor Farrell to reimburse them as a condition to quieting his title to the land.
In an action to quiet title, the party invoking the court’s jurisdiction is required to do equity and, if it appears there is an unsatisfied balance due a defendant-mortgagee, or his assignee, the court will not quiet the title until and unless he pays off such mortgage lien, though it be barred by limitation. Provident Mutual Building-Loan Association v. Schwertner, 15 Ariz. 517, 140 Pac. 495.
As thus modified, the opinion stands.
The case is remanded, with instructions that the trial court hear evidence of the amount, if any, which should be added to the original mortgage debt and, if it should be determined that there is any balance due thereon, upon its payment by Farrell into court, judgment quieting his title to be rendered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.