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, Brown...
|Country of origin:
Missouri Supreme Court
||246 x 189 x 13mm (L x W x T)
||Paperback - Trade
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