Bona Fide Purchaser

748 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Porte F. Quinn v. Phipps
  113 So. 419· Fla.· 1927-04-11 ·cited 663×
  Quinn, a real estate broker, agreed to negotiate the purchase of Florida property on behalf of Phipps but instead purchased the property for himself in violation of that fiduciary relationship. The Florida Supreme Court held that Quinn became a constructive trustee of the propert
• Taubel-Scott-Kitzmiller Co., Inc. v. Fox
  264 U.S. 426· U.S.· 1924-04-07 ·cited 613×
  Taubel-Scott-Kitzmiller Company obtained a judgment against Cowen Hosiery Company and levied execution on its property, creating a lien; when Cowen filed for bankruptcy four months later, the bankruptcy trustees sought to void the lien under section 67(f) of the Bankruptcy Act, b
• Golden State Bottling Co., Inc. v. Nat'l Labor Relations Bd.
  414 U.S. 168· U.S.· 1973-12-05 ·cited 534×
  A bona fide purchaser of a business, who acquires it with knowledge of a predecessor's unfair labor practice, can be ordered by the NLRB to reinstate the employee with backpay.
• 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
• Caplin & Drysdale, Chartered v. United States
  491 U.S. 617· U.S.· 1989-06-22 ·cited 265×
  The Court should have interpreted the forfeiture statute to avoid constitutional issues, allowing defendants to use assets for legitimate attorney fees.
• Davis v. Schwartz
  155 U.S. 631· U.S.· 1895-01-07 ·cited 263×
  In a dispute between attaching creditors and chattel mortgagees of an insolvent Iowa debtor's property, the Supreme Court upheld the validity of mortgages given to secure preexisting debts, holding that a debtor may openly prefer one creditor over others by giving security even w
• Montclair v. Ramsdell
  107 U.S. 147· U.S.· 1882-10-01 ·cited 246×
  The township of Montclair issued bonds authorized by state statutes to raise funds for investment in a railway company, and the plaintiff purchased these bonds through intermediate holders including the contractor who built the railroad. The Supreme Court held that Montclair had
• Simmons Creek Coal Co. v. Doran
  142 U.S. 417· U.S.· 1892-01-04 ·cited 186×
  In this property dispute, Simmons Creek Coal Company appealed a decree requiring it to establish the true boundaries of a tract of land based on a lost deed and correction of recorded deeds with boundary errors. The Supreme Court affirmed that the lower court properly established
• Detroit Bank (formerly Detroit Sav. Bank) v. United States
  317 U.S. 329· U.S.· 1943-01-04 ·cited 159×
  The federal estate tax lien attaches to property held by the entirety and is not subject to the recording requirements of R.S. § 3186, thus it is superior to subsequent unrecorded mortgages.
• McKenzie in Bankruptcy v. Irving Tr. Co.
  323 U.S. 365· U.S.· 1945-01-08 ·cited 148×
  A transfer of property is deemed made when it becomes so far perfected that no bona fide purchaser or creditor could acquire superior rights, and this perfection is determined by applicable state law.
• Curry v. Lehman
  55 Fla. 847· Fla.· 1908-01-01 ·cited 141×
  This case addresses whether a judgment lien in one county is destroyed when the court records in the county where the judgment was rendered are destroyed by fire, specifically interpreting Florida's 1901 statute on re-establishment of destroyed judgments. The Court held that the
• Rosanna S. Lucas v. Leonidas E. Wade
  43 Fla. 419· Fla.· 1901-06-01 ·cited 128×
  The Florida Supreme Court reversed a lower court decree and held that Rosanna S. Lucas retained her vendor's lien on real property sold to Leonidas E. Wade, despite the substitution of promissory notes for a mortgage, because Wade failed to prove she waived the lien and evidence
• Corn Exch. Nat'l Bank & Tr. Co. v. Klauder in Bankruptcy
  318 U.S. 434· U.S.· 1943-03-08 ·cited 121×
  Assignments of accounts receivable are considered preferential transfers under § 60(a) of the Bankruptcy Act if they are not perfected by notice to the debtors as required by state law, even if made concurrently with the loan.
• McCandless v. Furlaud
  296 U.S. 140· U.S.· 1935-11-11 ·cited 119×
  A receiver sued the promoters of Duquesne Gas Corporation to recover illicit gains obtained through fraudulent misrepresentations of asset values and the diversion of bond and note proceeds to the promoters' benefit rather than to the corporation. The Supreme Court held that prom
• Gunn Plumbing, Inc. v. The Dania Bank
  252 So. 2d 1· Fla.· 1971-07-28 ·cited 114×
  The Florida Supreme Court held that a borrower may waive the affirmative defense of usury through a written stipulation settling a prior dispute, even though usury is a personal defense created by statute. The court rejected the borrower's argument that usury cannot be cured by s
• George E. Sebring Co. v. O'Rourke
  134 So. 556· Fla.· 1931-02-13 ·cited 113×
  The Florida Supreme Court reversed the lower court's denial of a demurrer to a creditor's bill seeking to set aside allegedly fraudulent conveyances. The court held that a creditor holding notes secured by a mortgage on different property must first obtain a judgment at law befor
• In re TCI Ltd.
  769 F.2d 441· 7th Cir.· 1985-08-01 ·cited 112×
  An attorney who multiplies proceedings unreasonably and vexatiously may be personally liable for the adversary's costs and fees under 28 U.S.C. § 1927, even without subjective malice, if the conduct is objectively unreasonable.
• J. J. McCaskill Co. v. United States
  216 U.S. 504· U.S.· 1910-02-28 ·cited 111×
  William Josiah Ward fraudulently obtained a homestead patent from the federal government by providing false testimony about his residence on and improvements to the land, which he then sold to J. J. McCaskill and the McCaskill Company. The Supreme Court affirmed the cancellation
• Glass v. Cont'l Guar. Corp.
  81 Fla. 687· Fla.· 1921-05-07 ·cited 109×
  Continental Guaranty Corporation financed automobiles shipped to a dealer, Zimmerman, under a trust receipt arrangement that expressly prohibited him from selling without permission. When Zimmerman sold one of the automobiles to Glass in violation of the trust receipt, the financ
• Louisville v. Louisville Tr. Co.
  174 U.S. 552· U.S.· 1899-05-15 ·cited 108×
  The Louisville, New Albany & Chicago Railway Company, incorporated in Indiana, sought to enjoin enforcement of bond guaranties it had made, claiming the guaranties lacked proper stockholder authorization under Indiana law. The Supreme Court held that while the guaranties were not
• Johns v. Gillian
  134 Fla. 575· Fla.· 1938-10-15 ·cited 107×
  In this foreclosure action, the Florida Supreme Court upheld a decree granting foreclosure to Sam Gillian based on an equitable assignment of the mortgage to him, despite a defectively executed formal assignment. The court also rejected the appellants' claim for an equitable lien
• Presidio Cnty. v. The Noel-Young Bond & Stock Co.
  212 U.S. 58· U.S.· 1909-01-18 ·cited 94×
  Presidio County, Texas, issued bonds purporting to be authorized by state legislation for courthouse and jail construction, but the county later argued the bonds in suit exceeded the amount authorized by the County Commissioners' Court's order. The Supreme Court held that the cou
• Norton v. Morning Johnson Jones
  83 Fla. 81· Fla.· 1922-01-27 ·cited 88×
  A trustee sought to cancel a recorded deed and partition land based on a claim that he and certain heirs held title through descent from Polly Lewis, who received a confirmed land donation from the United States in 1825. The Florida Supreme Court affirmed the dismissal, holding t
• Williamson v. Berry
  8 How. 495· U.S.· 1850-01-01 ·cited 87×
  In this ejectment action, the Supreme Court decided whether a trustee of an estate devised in Mary Clarke's will could validly convey property to satisfy his personal debts pursuant to orders issued by the New York Chancellor. The Court held that while the Chancellor had jurisdic
• Bellaire Sec. Corp. v. Brown
  124 Fla. 47· Fla.· 1936-02-20 ·cited 82×
  This foreclosure case involves competing mortgage claims on Florida land purchased through multiple transactions in 1925. The core dispute concerns whether stockholders of Bayview Improvement Company can be held personally liable for a first mortgage assumed by the corporation, a
• Anderson v. Northrop
  30 Fla. 612· Fla.· 1892-06-01 ·cited 82×
  This case involves a dispute over an estate administered by Clarissa C. Anderson, who served as both executrix and life tenant under her deceased husband Andrew Anderson Sr.'s will. The remaindermen (heirs of Anderson Sr.'s daughters) sought an accounting and recovery of estate p
• United States v. Land
  507 U.S. 111· U.S.· 1993-02-24 ·cited 75×
  A donee of drug proceeds has no greater ownership rights than the donor and thus cannot assert an innocent owner defense against the government's forfeiture claim.
• United Contractors, Inc. v. United Constr. Corp.
  187 So. 2d 695· Fla. 2d DCA· 1966-06-10 ·cited 75×
  In this secured transaction dispute, the Second District Court of Appeal addressed whether a consolidated promissory note and chattel mortgage executed by one party (Construction) could bind equipment that another party (Contractors) had already acquired and was faithfully paying
• Diamond Coal & Coke Co. v. United States
  233 U.S. 236· U.S.· 1914-04-06 ·cited 75×
  The United States brought suit to annul land patents issued to the Diamond Coal and Coke Company for approximately 2,840 acres in Wyoming that had been obtained under the homestead law through false affidavits claiming the land was non-mineral when it was actually known to be val
• Richard v. McNair
  121 Fla. 733· Fla.· 1935-11-12 ·cited 73×
  The Florida Supreme Court addresses whether proceedings supplementary to execution may subject property of a third-party judgment creditor without making that creditor a party to the proceedings and affording him due process. The court holds that constitutional due process requir
• Pana v. Bowler
  107 U.S. 529· U.S.· 1882-10-01 ·cited 72×
  The town of Pana issued bonds to donate funds to a railroad company pursuant to a voter election that was conducted irregularly by a moderator rather than by township officials as prescribed by statute. The Supreme Court held that the bonds are valid obligations binding on the to
• Taylor v. Am. Nat'l Bank of Pensacola
  63 Fla. 631· Fla.· 1912-01-01 ·cited 71×
  The Florida Supreme Court affirmed an order overruling the Taylors' demurrer in a mortgage dispute, holding that a bank that acquired a $2,250 promissory note and accompanying mortgage took them as a holder in due course despite the note's principal being indivisible and a separa
• United States v. ONE 56-Foot Motor Yacht Named the Tahuna
  702 F.2d 1276· 9th Cir.· 1983-03-02 ·cited 70×
  A claimant has standing to contest forfeiture of a vessel, even if the government's right to forfeiture vested before the claimant's purchase, provided the government has not yet completed forfeiture procedures. Probable cause for forfeiture can be established using hearsay and o
• Fed. Deposit Ins. Corp. v. Santino D. MEO
  505 F.2d 790· 9th Cir.· 1974-10-21 ·cited 68×
  A bank borrower who was neither a party to any deceptive scheme nor negligent regarding circumstances giving rise to a defense to his note is not estopped from asserting such defense against the bank's receiver.
• Guar. Tr. & Safe Deposit Co. v. Green Cove Springs & Melrose R.R. Co.
  139 U.S. 137· U.S.· 1891-03-02 ·cited 67×
  Guaranty Trust and Safe Deposit Company, as trustee under a railroad mortgage, brought a foreclosure suit after the railroad defaulted on bond payments, but the railroad's property had already been sold in state court proceedings to which the trustee was not properly served with
• Town of S. Ottawa v. Perkins
  94 U.S. 260· U.S.· 1876-10-01 ·cited 66×
  The Town of South Ottawa and Kendall County issued bonds purportedly authorized by an Illinois statute of February 18, 1857, but the Illinois Supreme Court had determined that the statute was never constitutionally passed because no entry of its passage appeared in the Senate jou
• McClure v. Am. Nat'l Bank of Pensacola
  67 Fla. 32· Fla.· 1914-01-27 ·cited 65×
  This case concerns whether a wife can avoid a mortgage on her property when her signature was obtained through her husband's fraud, but the mortgage was later assigned to a bona fide purchaser for value before maturity. The court held that the assignee, having no notice of the fr
• United States v. Winona & ST. Peter R.R. Co.
  165 U.S. 463· U.S.· 1897-02-15 ·cited 64×
  The United States sought to cancel land certifications issued to the Winona and St. Peter Railroad Company on the grounds that certain tracts were erroneously certified despite being claimed under homestead and preemption entries at the time of certification. The Supreme Court af
• Seth Johnson and as Individual v. McKinnon
  54 Fla. 221· Fla.· 1907-06-01 ·cited 63×
  In this ejectment action, the Florida Supreme Court reversed a jury verdict for the defendant, holding that an attorney who purchases property at an execution sale in a case he conducted loses his title when the judgment is subsequently reversed, even if he was a bona fide purcha
• Hawley v. Diller
  178 U.S. 476· U.S.· 1900-05-28 ·cited 63×
  In this case involving a dispute over timber land purchased under the Timber and Stone Act of 1878, the Supreme Court held that a purchaser who acquires land from an original entryman before a patent is issued does not qualify as a bona fide purchaser unless they acquire the comp
• The First Nat'l Bank of Arcadia v. Savarese
  101 Fla. 480· Fla.· 1931-05-06 ·cited 61×
  The Florida Supreme Court held that a judgment creditor cannot satisfy a judgment against a debtor out of property held by the debtor under a resulting trust for another person, unless the creditor can show it extended credit in reliance on the debtor's record title. Here, Nellie
• Feinberg v. Stearns
  56 Fla. 279· Fla.· 1908-06-01 ·cited 57×
  Feinberg purchased a judgment against Mitchell and later bought property at a sheriff's sale conducted on that judgment. Stearns claimed title under an unrecorded deed from Mitchell dated before the judgment but not recorded until after the sale. The Florida Supreme Court held th
• Demars v. Vill. OF Sandalwood Lakes Homeowners Ass'n, Inc.
  625 So. 2d 1219· Fla. 4th DCA· 1993-04-07 ·cited 55×
  The Fourth District Court of Appeal reversed a foreclosure judgment and remanded the case, holding that while a bare-bones affidavit of diligent search is facially sufficient to support constructive service under Florida law, the actual search conducted must still meet the standa
• United States v. Nichols
  841 F.2d 1485· 10th Cir.· 1988-03-10 ·cited 55×
  The Comprehensive Forfeiture Act (CFA) is constitutional as it allows forfeiture of assets, including those needed for attorney's fees, to the extent the Constitution permits.
• Henderson's Distilled Spirits
  14 Wall. 44· U.S.· 1871-12-01 ·cited 55×
  The Supreme Court held that distilled spirits seized for removal with fraudulent intent to avoid taxation are subject to absolute forfeiture under the Internal Revenue Act, even when subsequently purchased by a good faith buyer who paid the tax before removal from a bonded wareho
• McINTIRE v. Pryor
  173 U.S. 38· U.S.· 1899-02-20 ·cited 53×
  A real estate agent misappropriated property from an uneducated African American couple by creating a false mortgage transaction, fabricating a fictitious person named "Emma Taylor" to obscure the title chain, and ultimately vesting ownership in his sister, despite the plaintiffs
• Bonded Fin. Servs., Inc. v. European Am. Bank
  838 F.2d 890· 7th Cir.· 1988-01-19 ·cited 52×
  A financial institution acting as a mere conduit for a fraudulent transfer is not an 'initial transferee' under 11 U.S.C. § 550(a)(1) and may be protected as a subsequent transferee if it takes for value and in good faith.
• Campbell Printing Press & Mfg. Co. v. Whitfield Walker
  22 Fla. 412· Fla.· 1886-06-01 ·cited 52×
  Campbell Printing Press & Manufacturing Company sought to recover a printing press from Whitfield Walker, who obtained it through assignment from the original purchasers (Ashmead Brothers). The Florida Supreme Court held that the sales contract constituted a valid conditional sal
• In re Forfeiture Hearing AS TO Caplin & Drysdale, Chartered v. Caplin & Drysdale, Chartered
  837 F.2d 637· 4th Cir.· 1988-01-11 ·cited 51×
  The court held that the defendant's attorneys had no Sixth Amendment right to assert a claim to seized funds, as their rights could not exceed the defendant's own limited rights.
• Evansville v. Dennett
  161 U.S. 434· U.S.· 1896-03-02 ·cited 50×
  The city of Evansville issued municipal bonds to finance railroad stock subscriptions, but failed to comply with charter requirements that such subscriptions be authorized by a petition from two-thirds of resident freeholders. The Supreme Court held that the bonds' recitals stati