Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 63

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 63

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...effect of the notice of actual possession to notice of right only under that deed, and deny to Cavendish and those claiming under him the benefit arising from possession under the title bond. This cannot be so. Inquiry would have told them better. Ve say that Cavendish and those under him may defend their rights by possession under the title bond, without being limited to their rights under the void deed. That deed was void. Possession had commenced before it. In Withers v. Cu/'tar, 4 Grat. 407, whilst an unrecorded deed could not afford protection to a purchaser in possession, a title bond was held to protect him. Possession under it was good, and he was remitted to and allowed its benefit, the deed failing him. So in Floyd v. Ila-r-ding, 28 Grat. 401. T. C. McVey was thus a purchaser with notice and cannot claim to stand in the shoes of a purchaser for valuable consideration without notice of rights under Cavendish's title bond. When Mrs. Patterson's father sold to Cavendish he held the legal title as trustee for the benefit of Cavendish upon many authorities. State v. Ila-rman, 57 W. Va. p. 462; L'i.9lce_1/ v. Snyder, 56 Id. p. 620; Ballard vw. Ballard, 25 Id. 477. And as T. C. McVey purchased with legal notice of the right of Cavendish, so, too, he holds the legal title in trust for those owning the land under the Cavendish right. McVey in his lifetime, his daughter, Mary Ann Patterson, after his death, were bound to convey legal title to Cavendish or his assignecs. So, too, T. C. McVey holds, in the eye of a court of equity, in trust and must convey the land to the plaintiffs. R'('/ ." Reel, 59 W'. Va. 106. Equity will follow up the title and execute this trust, unless the land were found in the hands of...
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Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • United States
  • English
  • black & white illustrations
  • 1236789148
  • 9781236789143