National Industries Inc. v. Republic National Life Insurance Co.
C09.40700; 677 F.2d 1258 (1982)
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Publisher Description
I. INTRODUCTION This is a diversity case between the judgment creditors of successive record title holders to real property. In nearly every sense, the parties to this litigation, hereinafter referred to as ""National"" and ""Republic,"" are contestants in a championship fight for the title to a 40-acre tract of improved land known as the 5-G Ranch located in Maricopa County in the State of Arizona. The parties claim title to the property through separate execution sales. Both were victorious in their preliminary bouts which were staged in different arenas. National proceeded in state court and secured a judgment quieting its title against other adverse claimants. Republic achieved similar results in federal court. Neither was a party nor privy to the other's suit and thus neither is bound by the other's judgment. The stage was set and the parties squared off in 1970 when National filed this quiet title action against Republic.