Bona Fide Purchaser For Value Without Notice

87 Florida cases classified under this topic · sorted by citation count · see the citation graph

• William E. Sapp and his wife v. Warner
  105 Fla. 245· Fla.· 1932-04-19 ·cited 373×
  The Florida Supreme Court held that purchasers claiming title through a recorded guardian's deed are charged with implied actual notice of unrecorded purchase money mortgages when examination of the County Judge's proceedings authorizing the guardian's sale would necessarily disc
• Carolina Portland Cement Co. v. Roper
  68 Fla. 299· Fla.· 1914-11-17 ·cited 77×
  Carolina Portland Cement Company obtained a judgment against J. P. Turner on July 6, 1908, and seeks to enforce it as a lien against land that Turner had conveyed on June 5, 1908 (but not recorded until September 25, 1908). The Florida Supreme Court reversed the lower court's dec
• Burck v. Taylor
  152 U.S. 634· U.S.· 1894-04-09 ·cited 64×
  The Supreme Court held that a contractor for the State of Texas could not validly assign his interest in a building contract without the State's written consent, even to transfer only a portion of future profits, and that subsequent assignees of that invalid assignment acquired o
• Eaton v. Hopkins
  71 Fla. 615· Fla.· 1916-05-18 ·cited 56×
  Administrators of William M. Girardeau's estate appealed a judgment for breach of warranty deed covenant brought by prior grantees who lost their interest when Girardeau conveyed the same land to a bona fide purchaser. The Florida Supreme Court reversed, holding that plaintiffs c
• Wise v. Ignatius C. Quina and Bertha N. Quina
  174 So. 2d 590· Fla. 1st DCA· 1965-04-20 ·cited 51×
  Two companion cases concerning recreational easement rights in a residential subdivision. Purchasers sought to enforce representations made by the subdivider that a beachfront area would be perpetually reserved for lot owners' recreational use, and appealed from a decree denying
• N.Y. Life Ins. Co. v. Oates
  122 Fla. 540· Fla.· 1935-04-05 ·cited 51×
  New York Life Insurance Company appeals a foreclosure decree, challenging the trial court's finding that a wife's mortgage was invalid because she did not acknowledge its execution before the required notary. The Florida Supreme Court is evenly divided on whether the decree shoul
• Chase Fed. Sav. & Loan Ass'n v. Schreiber
  479 So. 2d 90· Fla.· 1985-08-30 ·cited 40×
  The Florida Supreme Court held that a deed is valid and effectively transfers legal title regardless of whether the grantor received valuable consideration, overruling the district court's decision that a deed given for "love and affection" to an unrelated grantee is void. The co
• Neal v. Ivey H. Gregory
  19 Fla. 356· Fla.· 1882-06-01 ·cited 39×
  Sarah Neal, as executrix of William M.C. Neal, appealed a chancellor's decree dismissing her bill seeking to establish title to land and prevent sale by judgment creditors. The Florida Supreme Court held that Neal acquired no superior title through a parol purchase from Nixon, an
• Warner v. Watson
  35 Fla. 402· Fla.· 1895-01-01 ·cited 37×
  Mrs. Helen C. G. Warner appealed a decree ordering sale of the Hoosier Saw Mill property to satisfy trust deed notes held by Wiser. The court affirmed, holding that Mrs. Warner was estopped from claiming ownership based on her separate estate funds because she allowed her husband
• Zaucha et ux. v. Town OF Medley
  66 So. 2d 238· Fla.· 1953-07-03 ·cited 30×
  Appellants purchased property knowing a public roadway crossed it, then sued to prevent the Town of Medley from widening the road based on a 1921 county resolution establishing a 60-foot right-of-way. The Florida Supreme Court affirmed dismissal, holding that purchasers had impli
• Emerson v. Ross' Executrix
  17 Fla. 122· Fla.· 1875-09-02 ·cited 22×
  This case concerns a dispute over title to real estate in Jacksonville, Florida, between an heir who held an unrecorded deed from her deceased mother and purchasers who obtained title through a sale by the mother's administrator pursuant to a Probate Court order. The Florida Supr
• Graham v. Commonwealth Life Ins. Co.
  114 Fla. 585· Fla.· 1934-04-24 ·cited 21×
  Commonwealth Life Insurance Company sought to foreclose a first mortgage on property, and the defendant Graham (who had acquired a second mortgage from the Shannon estate) argued the mortgages' priority was unclear. The Florida Supreme Court affirmed the foreclosure decree, holdi
• Gregory v. McNealy
  12 Fla. 578· Fla.· 1868-01-01 ·cited 21×
  Jason Gregory, maker of a promissory note payable to bearer, challenged a judgment rendered against him when he possessed the note. The court affirmed the judgment, holding that a plea denying the plaintiff's right to possess a note payable to bearer is defective as a matter of l
• Kaye v. Smitherman
  225 F.2d 583· 10th Cir.· 1955-07-18 ·cited 20×
  The court held that the defendants, as fiduciaries in a joint adventure, breached their duty by failing to disclose the acquisition of additional leases within the scope of the adventure, and that the plaintiffs were entitled to their proportionate share of those acquired leases.
• Hardaway Timber Co. v. Hansford
  245 So. 2d 911· Fla. 1st DCA· 1971-03-23 ·cited 19×
  The court held that a genuine issue of material fact existed regarding whether the purchasers were bona fide purchasers for value without notice, precluding summary judgment.
• Fraser v. Lewis
  187 So. 2d 684· Fla. 3d DCA· 1966-06-07 ·cited 19×
  Frank L. Fraser, Jr. and Lewis A. Fraser appealed a lower court decision denying their claim to establish a trust in 25% of Yarmouth Steamship Company stock. The appellate court reversed, finding that a valid express trust was created by contemporaneous documents executed in 1962
• Regions Bank v. Albert and Adrienne Deluca
  97 So. 3d 879· Fla. 2d DCA· 2012-08-22 ·cited 17×
  Regions Bank appeals a summary judgment granting bona fide purchaser status to the Delucas and JPMorgan Chase based on alleged defects in the legal description of the Olde Cypress property in Regions Bank's mortgage. The court reversed, holding that the mortgage's Exhibit A, desp
• State v. Wayne M. Neal: THE Louisville Drying Mach. Co.
  152 Fla. 582· Fla.· 1943-03-23 ·cited 17×
  The Florida Supreme Court held that Dr. Wayne M. Neal, employed to conduct research on a specific project to develop improved methods for drying citrus waste, was obligated to assign his resulting patent to his employer, the University of Florida and State Board of Education. Alt
• MAY v. Citizens Nat'l Bank OF Orlando
  100 So. 2d 651· Fla. 2d DCA· 1958-02-21 ·cited 16×
  May purchased a used motor vehicle with an original title certificate showing no encumbrance, but that certificate was a duplicate of an earlier one that had been fraudulently used by the original owner. The court affirmed the foreclosure decree, holding that under Florida law, a
• Marvin v. George W. Hampton and Wife
  18 Fla. 131· Fla.· 1881-01-01 ·cited 16×
  William P. Marvin sought to foreclose a mortgage on land held by George W. and Susan A. E. Hampton, who claimed a superior equitable interest derived from an ancestor's estate. The Florida Supreme Court reversed the lower court's injunction against foreclosure, holding that the p
• Westburne Supply, Inc. v. Cmty. Villas P'rs, Ltd.
  508 So. 2d 431· Fla. 1st DCA· 1987-05-19 ·cited 15×
  Westburne Supply appealed the dismissal of its claim for an equitable lien against property purchased by Community Villas. The court reversed, holding that an action to foreclose an equitable lien is a quasi in rem action against the property itself, not an in personam action, an
• Francis B. Wiers (The Somerset Co. v. White
  142 Fla. 628· Fla.· 1940-04-19 ·cited 15×
  Francis B. Wiers, as trustee, appealed a final foreclosure decree in which the lower court upheld a usury defense against the assignee of a mortgage note. The Florida Supreme Court reversed, holding that the assignee became a holder in due course free from the usury defense becau
• The Fid. & Cas. Co. OF NEW York & E. F. Hutton & Co. Inc. v. The KEY Biscayne Bank
  501 F.2d 1322· 5th Cir.· 1974-10-04 ·cited 14×
  The court held that the bank was a bona fide purchaser for value without notice of adverse claims, and thus entitled to possession of the stock certificates.
• Nelson v. Hall
  73 Fla. 810· Fla.· 1917-03-31 ·cited 14×
  Edwin Nelson sued R. E. Hall on three promissory notes for payment of an irrigating plant. The trial court directed a verdict for Hall despite evidence supporting Nelson's claim that the machinery was fully operational when the notes were executed months after installation, const
• Valk v. J.E.M. Distribs. OF Tampa BAY, Inc.
  700 So. 2d 416· Fla. 2d DCA· 1997-09-26 ·cited 13×
  Valk claimed ownership of a leasehold on office space that he argued was granted to him as payment for services, not as security for a debt. The trial court granted summary judgment to the building owner KWPH, treating the lease as a mortgage that was extinguished in bankruptcy p
• Ellis v. Everett
  79 Fla. 493· Fla.· 1920-04-13 ·cited 12×
  Ellis brought a bill for partition of lands claiming an undivided two-fifths interest acquired by deed from the widow and one son of Jesse R. Everett. Everett defended based on a prior unrecorded deed from all the heirs and his open, notorious, and continuous adverse possession.
• Flanigan's Enters., Inc. v. Shoppes AT 18TH & Commercial, Inc.
  954 So. 2d 758· Fla. 4th DCA· 2007-05-09 ·cited 10×
  Flanigan's Enterprises purchased a commercial building in 1999 and sought to enforce a recorded 1964 parking easement against the adjacent shopping center owner, Shoppes. The court held that Flanigan's had actual and implied notice that the parking easement had been terminated th
• Filmtec Corp. v. Allied-Signal Inc.
  939 F.2d 1568· Fed. Cir.· 1991-07-22 ·cited 10×
  The court held that FilmTec failed to establish a reasonable likelihood of success on the merits regarding title to the patent, vacating the preliminary injunction.
• United States v. Vohland
  675 F.2d 1071· 9th Cir.· 1982-04-29 ·cited 10×
  An unrecorded special estate tax lien, including additions to tax for late filing, is enforceable against subsequent purchasers for value without notice, and such enforcement does not violate due process.
• Tlapek v. Chevron OIL Co.
  407 F.2d 1129· 8th Cir.· 1969-03-06 ·cited 10×
  The court held that a constructive trust was properly imposed on leases acquired by an employee using his former employer's confidential information, but reversed the trial court's calculation of reimbursement for the employee's acquisition costs.
• O. H. Thomason Builders' Supplies, Inc. v. Orsbia Goodwin
  152 So. 2d 797· Fla. 1st DCA· 1963-04-30 ·cited 9×
  A materialman sued to foreclose a lien on property after selling building materials that were incorporated into improvements, but failed to comply with statutory lien notice requirements. The court affirmed dismissal, holding that while an equitable lien may be available when sta
• R. S. Evans Motors OF Jacksonville, Inc. v. Merritt A. Hanson
  130 So. 2d 297· Fla. 2d DCA· 1961-05-17 ·cited 9×
  R.S. Evans Motors sought replevin of a 1956 Knox house trailer based on a conditional sales contract default, competing against Merritt Hanson's possession claim derived from a later title certificate. The court held that a bona fide purchaser for value cannot defeat recovery by
• Freligh v. Maurer
  111 So. 2d 712· Fla. 2d DCA· 1959-05-06 ·cited 9×
  Eleanor Freligh, a bona fide purchaser for value who acquired real property without notice two hours before suit was filed and a lis pendens recorded, appeals a decree subordinating her title to Irvin Maurer's equitable lien claim. The court holds that an unrecorded and unliquida
• Brinkley v. Freedom Nat'l Bank OF NEW York
  210 So. 2d 465· Fla. 4th DCA· 1968-05-22 ·cited 8×
  The court held that the appellee, as the moving party for summary judgment, failed to meet the required standards by not affirmatively proving the nonexistence of genuine triable issues, specifically regarding the appellants' status as bona fide purchasers.
• Lawyers Title Ins. Corp. v. Research Loan & Inv. Corp.
  361 F.2d 764· 8th Cir.· 1966-06-15 ·cited 8×
  The court held that paragraph 9 of the title insurance policy conditions, which excludes coverage for defects or encumbrances created, suffered, assumed, or agreed to by the insured, applied to the four Berg deeds of trust because the insured accepted the property subject to exis
• Greer v. Commercial & Exch. Bank
  118 So. 2d 566· Fla. 2d DCA· 1960-03-09 ·cited 8×
  A bona fide purchaser for value without notice, who acquires good title under the law of the state where the sale occurred, obtains good title in Florida, even if the seller failed to comply with recording statutes in the state of origin.
• First Camden Nat. Bank & Tr. Co. v. Ætna Cas. & Sur. Co.
  132 F.2d 114· 3d Cir.· 1942-12-04 ·cited 8×
  The court held that the bank's subsequent contract with the surety was governed by New Jersey law, under which the bank was entitled to apply the contractor's payment to an unsecured debt, and that the surety's claim to an equitable lien was unenforceable against the bank as a bo
• Montgomery L. Broward v. Halstead H. Hoeg
  15 Fla. 370· Fla.· 1875-06-01 ·cited 8×
  This case concerns a mortgage foreclosure where the defendant administrator claimed the mortgaged land was held in trust and that other parties should be joined. The court affirmed the lower court's decision to sustain exceptions to the answer, finding the mortgagee to be a bona
• Barlow v. Stevens
  112 Fla. 57· Fla.· 1933-09-22 ·cited 7×
  This case concerns a dispute over mortgage priority when an initial mortgage had a description error, and a subsequent mortgage was assigned to a bona fide purchaser. The court had to determine if the assignee of the second mortgage, who had no notice of the error, was protected
• Maiben v. Bobe
  6 Fla. 381· Fla.· 1855-04-01 ·cited 7×
  The Florida Supreme Court held that a married woman with a separate estate created by deed may freely dispose of that property without restriction, absent explicit limitations in the deed itself. The court adopted the English and New York doctrine over the stricter South Carolina
• CMS Indus., Inc. v. L. P. S. Int'l, Ltd.
  643 F.2d 289· 5th Cir.· 1981-04-22 ·cited 6×
  The court held that the unrecorded agreement attempting to retain rights was ineffective against a subsequent purchaser for value without notice, and that the Delaware Chancery Court's liquidation proceeding was entitled to full faith and credit.
• Eveline Foulds Holwell v. Zofnas
  226 So. 2d 253· Fla. 4th DCA· 1969-06-25 ·cited 6×
  A married woman executed deeds conveying real property without her husband's joinder, which Florida law required. The trial court entered judgment for the defendants who acquired title through those void deeds, finding the plaintiffs estopped. The appellate court reversed, holdin
• The Birkett L. Williams Co. & Humphrey Cent. Chevrolet, Inc. v. Smith
  353 F.2d 60· 5th Cir.· 1965-11-30 ·cited 6×
  The court held that plaintiffs' actions in allowing a dealer to possess and resell automobiles, without taking steps to secure their interest under Georgia law, constituted consent to the sales, precluding a trover action against the auctioneer for conversion.
• Wilkin v. Shell Oil Co.
  197 F.2d 42· 10th Cir.· 1951-12-26 ·cited 6×
  Entry into military service stops the running of any period of redemption for property, which resumes upon discharge.
• Rowe v. Chesapeake Mineral Co.
  156 F.2d 752· 6th Cir.· 1946-07-08 ·cited 6×
  The court held that the term 'mineral' in a deed, under Kentucky law, includes oil and gas, and a purchaser for value without notice is entitled to rely on the recorded deed, even if the grantor's intent was otherwise but not reflected in the record.
• First Camden Nat. Bank & Tr. Co. v. J. R. Watkins Co.
  122 F.2d 826· 3d Cir.· 1941-09-08 ·cited 6×
  A warehouse receipt is invalid if the warehouseman does not possess the goods, and a good faith purchaser from the pledgor who retained possession takes good title.
• Marriott v. Meadows
  138 Fla. 436· Fla.· 1939-06-02 ·cited 6×
  In this replevin action, the Florida Supreme Court affirmed that a purchaser who buys personal property in good faith without notice of the original owner's retained title obtains good title against the original owner. Marriott delivered an automobile to St. Lucie Motors for sale
• Cole v. Lee
  57 Fla. 387· Fla.· 1909-01-01 ·cited 6×
  A Florida Supreme Court case addressing the requirements for lis pendens notice in mortgage foreclosure proceedings. The Court held that a purchaser who acquired property without notice during a foreclosure suit, where no lis pendens notice was filed as required by statute, canno
• Roper v. Hackney
  15 Fla. 323· Fla.· 1875-06-01 ·cited 6×
  Creditors sought to set aside real estate conveyances by James S. Hackney as fraudulent transfers designed to hinder debt collection. The Florida Supreme Court affirmed the lower court's finding that the first two conveyances were fraudulent but modified the decree to clarify the
• Hardy v. Harbin
  22 L. Ed. 378· U.S.· 1874-11-16 ·cited 6×
  Children of John Hardy sought to recover California land granted by the Mexican government to a man named Thomas M. Hardy, claiming their father had used an assumed name and was the same person who obtained the grant. The Supreme Court affirmed the dismissal of their suit, holdin