Bona Fide Purchaser

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

• Pfaff v. Burgess
  275 F.2d 163· D.C. Cir.· 1960-01-07
  The court held that it would be inequitable to compel the removal of windows from a party wall when the current owners purchased the property without notice of an agreement to remove them upon request.
• Peoples Loan & Fin. Corp. v. Halbeisen Motors Co.
  271 F.2d 538· 5th Cir.· 1959-11-03
  The court held that the evidence presented a jury question regarding whether the defendant was estopped from asserting title as a bona fide purchaser, and that sufficient evidence of value was presented to support the jury's verdict.
• Antone Nordling v. Carlson
  265 F.2d 507· 9th Cir.· 1958-10-17
  The court held that a subsequent purchaser who records their deed first and lacks notice of prior unrecorded conveyances is protected by the recording statute, even if the prior purchaser had some form of possession.
• Llewellyn Mach. Corp. v. Miller
  11 Fla. Supp. 68· Palm Beach Cty. Cir. Ct.· 1957-08-08
  A recorded conditional sales contract does not provide constructive notice sufficient to defeat the title of a bona fide purchaser for value without actual notice, when the seller is a retail dealer clothed with indicia of ownership and authority to sell.
• Gould v. City Bank & Tr. Co.
  213 F.2d 314· 4th Cir.· 1954-05-10
  The court held that the warehouse receipts held by City Bank have priority over those held by Gould because City Bank acquired the receipts as a bona fide purchaser for value without notice.
• Maher v. Klein
  7 Fla. Supp. 106· Dade Cty. Cir. Ct.· 1954-02-16
  In this equity action to cancel a usurious note and mortgage, the court found the underlying loan violated Florida usury laws but held that the Dobkins, as subsequent purchasers with only constructive notice of the usury, could enforce the note for principal but not for post-matu
• Hunter v. Deaderick
  6 Fla. Supp. 36· Palm Beach Cty. Cir. Ct.· 1953-09-23
  In this 1953 case, a Florida court refused to enforce a quitclaim deed transferring the plaintiff's real estate to the defendant in exchange for $100, finding the transaction unconscionable and inequitable. The court determined the defendant held the property as security for the
• Shoso Nii v. Brownell
  206 F.2d 895· 9th Cir.· 1953-08-21
  The court held that the trial court's findings were not clearly erroneous, affirming the dismissal of the son's claim and the Attorney General's counterclaim.
• Chastain v. McKINNEY
  203 F.2d 712· 6th Cir.· 1953-04-17
  A devisee under a will can convey indefeasible title to a bona fide purchaser for value, even if the will is later annulled as a forgery.
• Bank of Am. Nat. Tr. & Sav. Ass'n v. Merchandise Nat. Bank of Chicago
  201 F.2d 68· 9th Cir.· 1952-12-24
  The court held that the charges to plaintiff and credits to Lofendo were improper, and that the six checks were never paid, while the payment of the four checks was revoked and rescinded.
• Brown Land & Royalty Co., Inc. v. Green
  198 F.2d 74· 5th Cir.· 1952-07-18
  The court held that the instrument conveyed a usufruct, not a fee title, and the subsequent declaration of interests only divided royalties, not ownership, thus the appellant failed to establish title.
• Meyers v. W. L. Philbrick, Inc.
  3 Fla. Supp. 186· Dade Cty. Cir. Ct.· 1952-05-12
  Meyers sought to quiet title to a lot and obtain a declaratory decree regarding competing instruments affecting the property. The court granted defendant's motion to dismiss, finding the declaratory decree was improper and the complaint failed to adequately invoke the statutory q
• Rudeen v. Lilly
  196 F.2d 300· 9th Cir.· 1952-04-30
  The court held that the evidence supported the trial court's findings that the corporate officer had authority to execute the mortgage, that the directors ratified it, and that the appellant was estopped from denying its validity.
• Hilliard v. Sisil
  192 F.2d 800· 9th Cir.· 1951-10-27
  A transfer of assets to a corporation, made with intent to defraud a prior creditor, is void against that creditor even if the corporation assumes the debt, and a receiver's subsequent redemption does not cleanse the fraudulent transfer.
• In re Kramer. Top Dollar Auto Sales, Inc. v. Streeper
  179 F.2d 371· 7th Cir.· 1950-01-12
  The court held that the trustee, representing creditors, should be protected over Top Dollar's claim of title, as Kramer was a bona fide purchaser for value under Illinois law.
• Vahlsing v. Harrell
  178 F.2d 622· 5th Cir.· 1949-12-21
  The court held that while the defendant may have had notice of the drainage easement, the evidence did not establish a right to maintain a suction pipe for irrigation purposes, thus affirming the lower court's judgment.
• Smith v. Campau Holbrook Co.
  168 F.2d 326· 6th Cir.· 1948-06-03
  The court held that the appellee, having purchased the property for value without notice, is a bona fide purchaser, and the appellants' claims are barred by their delay and failure to act.
• Hummel v. Cernocky
  161 F.2d 685· 7th Cir.· 1947-05-22
  The court held that the transfer of real estate was not fraudulent as to creditors because the transferee paid fair value and acted in good faith, but the transfer of personal property without consideration was fraudulent and recoverable by the trustee.
• Guice v. Burrage
  156 F.2d 304· 5th Cir.· 1946-06-27
  The court held that plaintiffs' acceptance of delay rental payments after discovering the existence of mineral deeds ratified those deeds, preventing cancellation, especially when subsequent purchasers were bona fide purchasers for value without notice of the fraud.
• Harlow P. Davock and Harlow N. Davock v. Whelen
  156 Fla. 670· Fla.· 1945-12-11
  A purchaser who accepts title without examining the record or obtaining a legal opinion, despite possessing an abstract, is not considered a bona fide purchaser and is affected by defects in prior proceedings.
• THE Louisville Drying Mach. Co. v. State OF Fla.: State Bd. OF Educ. OF Fla.
  154 Fla. 326· Fla.· 1944-03-31
• Coyne v. Simrall Corp.
  140 F.2d 574· 6th Cir.· 1944-02-10
  The court held that reformation of deeds was proper where the grantor and grantees mutually intended to convey rights to royalties from specific parcels, and this common understanding was not accurately reflected in the written deeds due to a mutual mistake regarding a pro rata p
• Collins v. O'Connell et ux.
  136 F.2d 141· 9th Cir.· 1943-06-01
  The assignment of a mortgage by an attorney-in-fact was valid, even if the agent had a potential interest in the property, because the principal's duty to pay the mortgage remained unchanged and third-party purchasers acted in good faith without notice.
• Coop. Transit Co. v. W. Penn Elec. Co.
  132 F.2d 720· 4th Cir.· 1943-01-02
  The court held that the district court lacked jurisdiction over the instant proceeding because it was a new civil action, not an ancillary proceeding to prior litigation.
• Slaughter v. Parsons
  148 Fla. 240· Fla.· 1941-10-07
  In this mortgage foreclosure case, the Florida Supreme Court upheld the receiver's priority claim against a fernery property, but reversed the lower court's award of 8% interest on the judgment, requiring reformation to 6% per annum as mandated by statute.
• First Nat. Bank of Fairbanks v. Alaska Airmotive, Inc.
  119 F.2d 267· 9th Cir.· 1941-04-21
  The court held that the finding that the appellant knew or should have known of the fraud in the stock issuance was not supported by substantial evidence.
• Facundo v. Yabucoa Sugar Co.
  118 F.2d 1· 1st Cir.· 1941-03-10
  The court held that the appellee acquired an unassailable title by ordinary prescription under the Civil Code of Puerto Rico, regardless of any defects in the foreclosure proceedings.
• Getz v. City of Harvey
  118 F.2d 817· 7th Cir.· 1941-02-28
  A bona fide purchaser of non-negotiable water fund certificates, without notice of latent equities, takes them free of defenses arising from subsequent dealings between the issuer and intermediate holders. The municipality, acting as a trustee, is liable for diversion or misappro
• Coral Gables, Inc. v. Wilkinson
  132 Fla. 516· Fla.· 1938-05-05
  Coral Gables, Inc. sought to enforce a promissory note against Wilkinson for a lot purchase contract that was conditionally delivered and subsequently cancelled when Wilkinson failed to make the required first payment. The court affirmed judgment for the defendant, holding that t
• Indian River Fisheries, Inc. v. Guerin
  129 Fla. 179· Fla.· 1937-07-19
  Indian River Fisheries, Inc. appeals a foreclosure decree where the mortgagor sought to invalidate the foreclosure based on alleged defects in the mortgagee's title and claim of prior payment. The Florida Supreme Court upheld the foreclosure, finding substantial evidence supporte
• Oates v. N.Y. Life Ins. Co.
  116 Fla. 253· Fla.· 1934-02-07
  The Florida Supreme Court addresses whether a bona fide purchaser for value of a mortgage on homestead property can enforce it when the mortgage was not properly executed and acknowledged by the married woman owner as required by constitutional and statutory provisions. The court
• The Prudence Co., Inc. v. Garvin
  130 Fla. 680· Fla.· 1930-08-20
  Prudence Company challenged the lower court's decision giving a bank liquidator priority rights to foreclosed property under a trust deed, arguing the trustees lacked authority to release the property without bondholder consent. The Florida Supreme Court affirmed, holding that tr
• Fla. Tr. & Banking Co. v. Hancock
  97 Fla. 379· Fla.· 1929-03-19
  Florida Trust & Banking Company appealed the trial court's order striking its answer in a mortgage foreclosure suit brought by J. H. Hancock. The court affirmed the order striking the answer, holding that the bank's defenses regarding superior lien priority and lack of notice wer
• The Erma S.
  S.D. Fla.· 1926-07-24
  A maritime lien for repair work is defeated by laches where the libelant failed to assert the lien promptly after the vessel sank and was subsequently purchased and repaired by a bona fide purchaser.
• Forman v. Adger M. Pace and Johnnie Pace
  91 Fla. 575· Fla.· 1926-03-27
  In this mortgage priority dispute, the Florida Supreme Court reversed a lower court decree that had granted a bona fide purchaser of mortgage notes priority over an earlier-recorded mortgage. The court held that the purchaser's claim of diligent inquiry was insufficiently substan
• Banning v. Brown
  76 Fla. 94· Fla.· 1918-07-02
  In this equity case, the Florida Supreme Court affirmed a decree requiring the appellants (Banning and his wife) to pay the appellees certain sums found to be due under a transaction that the court had previously declared to be a mortgage secured by land, rather than an absolute
• Sandlin v. The Hunter Co.
  70 Fla. 514· Fla.· 1915-12-15
  John Sandlin purchased land from John High and sought to enjoin The Hunter Company from cutting timber on the property. The trial court found that The Hunter Company had superior rights to cut the timber under earlier conveyances from High to timber lessees, and that Sandlin, hav
• Hannay v. Sanchez
  68 Fla. 167· Fla.· 1914-11-06
  This case concerns a suit to quiet title to real estate where the complainant's claim to ownership is based on a tax deed from the State of Florida. The court considered whether the tax deed, despite lacking attesting witnesses, was sufficient to convey title and support the quie
• Gillespie v. Rigby
  66 Fla. 9· Fla.· 1913-06-17
  Rigby brought an equity action against Gillespie and others, alleging fraud in a mortgage foreclosure. Gillespie had advised Rigby to allow foreclosure of a mortgage held by Jones to clear a prior judgment lien, then secretly purchased the property at foreclosure and conveyed it
• Ward v. German-American Lumber Co.
  62 Fla. 582· Fla.· 1911-06-01
  The Florida Supreme Court affirmed a decree enforcing timber rights in favor of German-American Lumber Company against subsequent purchaser Ward. The court held that Ward, who had actual notice of a prior timber contract and was not a bona fide purchaser for value, could not defe
• Stone v. White
  55 Fla. 510· Fla.· 1908-01-01
  The Florida Supreme Court affirmed a lower court's decision in favor of Jacob A. White in an ejectment action against Stone Brothers. The appellate court found no reversible error in the trial court's rulings on evidence or jury instructions, concluding that the defendants had a
• Arnau v. First Nat'l Bank of Fla.
  36 Fla. 398· Fla.· 1895-06-01
  Four defendants appealed judgments from a referee in assumpsit cases brought by the First National Bank of Florida on promissory notes. The court affirmed all four judgments, holding that the bank was an innocent holder without notice of negotiable notes before maturity and thus
• Hayden v. Thrasher
  28 Fla. 162· Fla.· 1891-06-01
  Hayden sought to subject property purchased by the Thrasher brothers to satisfy his demand arising from fraudulently procured endorsements of promissory notes. The Florida Supreme Court held that while Hayden established fraud in procuring his endorsement, he could only recover a