Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 68

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 68

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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. 1879 edition. Excerpt: ...a purchase for value, as equity can relieve against them. Haughmont v. Murphy, 21 N. J. Eq. 118; 14 U. S. Dig. Vend. & Pur. 1275; Jewett v. Palmer, 7 John. Ch. 65. A bona fide purchaser, to be adjudged such, must aver and prove that he paid the purchase money without notice. Harris v. Norton, 16 Barb. 264; Duncan v. Johnson, 13 Ark. 190; Kilcrease v. Linn, 36 Miss. 569; Williams v. Hollingsworth, 1 Strobh. (S. C.) 103; Beaty v. Whitaker, 23 Texas 526. And the receipt in the deed in not prima faeie, much less conclusive, evidence of such payment. Lloyd v. Lynch, 28 Pa. St. 419; Mitchell v. Pricket, 23 Texas 573; Hamman v. Keigwin, 39 Texas 34. Creusbauer, at the time he sold to Wishon, had no legal title. All the interest he possessed was an equity. The rules in regard to bona fide purchasers apply only to the purchasers of the legal title. The purchaser of an equity is bound to take notice of a prior equity. As between equities the prior one will be enforced. Vattier v. Hinde, 7 Pet. 252; Buchannon v. Upshaw, 1 How. 56; Hunt's Lessee 22. McNz'l, 1 Wash. 70; Oakley v. Ballard, Hempst. 475; Boone v. C/tiles, 10 Pet. 177; Wood v. Mann, 1 Sumn. 506; Flagg v.Ma1tn,2 Sumn. 486; Stout v. Hyatt, 13 Kas. 232; Pinson v. Ivey, 1 Yerg. 296; cases cited, 14 U. S. Dig., 59 1242; Dupont v. Wetheman, 10 Cal. 354; Chew v. Barnett, 11 Serg. & R. 389. Wishon is in no better position by reason of the administra/tor's deed, for under that he would be chargeable with thetrust. Rafierty v. Mallory, 3 Biss. 362. HENRY, J.--None of the parties acquired a legal title to the lot in controversy, until the executorof the last' will of B. Wishon executed a deed conveying the same to de fendant F. M. Wishon. The equity of Dodd, more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236812522
  • 9781236812520