Bona Fide Purchaser

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

• United States v. Cal. & Or. Land Co.
  148 U.S. 31· U.S.· 1893-03-06 ·cited 50×
  The United States brought suit to cancel land patents granted to the California and Oregon Land Company, alleging that the underlying railroad was never actually constructed and that the state governor's completion certificates were obtained by fraud. The Supreme Court affirmed t
• Clara Lavinia Wright (also Known as Vinnie Wright) v. Hattie Dean Blocker
  144 Fla. 428· Fla.· 1940-10-11 ·cited 49×
  The Florida Supreme Court held that statutes of limitation do not apply to forged deeds, even when recorded for over twenty years. The court reversed the trial court's dismissal of plaintiffs' bill for injunction attacking a deed allegedly forged in 1911, finding that recording l
• McDONALD v. McGOWAN
  402 So. 2d 1197· Fla. 5th DCA· 1981-07-08 ·cited 48×
  The McDonalds sued for specific performance and tortious interference with a real estate contract after the Allmons purchased property they had contracted to buy. The trial court directed verdicts against both parties. The appellate court reversed the directed verdicts against th
• City OF Lakeland v. Chase Nat'l Co. a Corp.
  159 Fla. 783· Fla.· 1947-12-09 ·cited 48×
  The Florida Supreme Court reversed a decree vacating a city's tax foreclosure proceeding, holding that the City of Lakeland committed fraud by willfully failing to comply with statutory notice requirements designed to inform property owners of the foreclosure. The Court limited r
• Daniels v. Wagner
  237 U.S. 547· U.S.· 1915-06-01 ·cited 48×
  Daniels purchased land from Oregon that the state had selected as school indemnity land, but after the state's selection was rejected, Daniels obtained a relinquishment from the state and applied to enter the same land as lieu land under a federal statute allowing such entries wh
• Perla M. Hull v. Md. Cas. Co.
  79 So. 2d 517· Fla.· 1954-12-10 ·cited 47×
  Hull, sole heir of a prior owner, claimed title to land through an unrecorded 1927 warranty deed. Maryland Casualty held recorded judgments against the prior grantor. The Florida Supreme Court reversed the dismissal of Hull's quiet title action, holding that an unrecorded deed ho
• Graham & Another v. Boston
  118 U.S. 161· U.S.· 1886-05-10 ·cited 47×
  Graham and others, as stockholders of the Boston, Hartford & Erie Railroad Company, sought to invalidate a $20 million mortgage executed in 1866 by challenging the authority of the shareholders' meeting that authorized it and alleging fraud in the transaction, including claims th
• United States v. Monsanto
  852 F.2d 1400· 2d Cir.· 1988-07-01 ·cited 46×
  The post-indictment restraint and post-conviction 'relation back' provisions of the CFA are unconstitutional as applied because they conflict with a criminal defendant's Sixth Amendment right to counsel of choice.
• Roof v. Chattanooga Wood Split Pulley Co.
  36 Fla. 284· Fla.· 1895-06-01 ·cited 46×
  The Florida Supreme Court affirmed a replevin action brought by the Chattanooga Wood Split Pulley Company (for the use of the First National Bank) against J. N. Roof to recover a flooring machine worth $850. The court held that conditional sales reserving title in the seller unti
• Cain & Bultman, Inc. v. Miss SAM, Inc.
  409 So. 2d 114· Fla. 5th DCA· 1982-01-27 ·cited 45×
  This case resolves competing claims to Florida real property between Cain & Bultman (holder of a subsequently recorded mortgage) and Miss Sam (successor to contract purchasers under an unrecorded agreement for deed). The court held that Cain & Bultman acquired its mortgage with c
• Forest Labs., Inc. v. The Pillsbury Co.
  452 F.2d 621· 7th Cir.· 1971-11-04 ·cited 45×
  The court held that Pillsbury was liable for trade secret misappropriation prior to patent issuance but not thereafter, and that the award of attorneys' fees was improper. The court also found that Pillsbury did not assume the liabilities of Tidy House as a successor corporation.
• Markell v. Hilpert
  140 Fla. 842· Fla.· 1939-12-05 ·cited 45×
  The Florida Supreme Court affirmed a lower court finding that an absolute deed from the Hilperts to Frank E. Markell was intended as a mortgage to secure a $65,000 loan, even though the deed contained language of absolute conveyance and the parties simultaneously executed a repur
• Arundel Debenture Corp. v. LeBlond
  139 Fla. 668· Fla.· 1939-08-01 ·cited 45×
  Arundel Debenture Corporation, assignee of a deficiency decree against a trustee, appealed the trial court's denial of its motion to dismiss in a suit by the beneficial owner to establish a resulting trust and quiet title. The Florida Supreme Court affirmed, holding that a judgme
• Smith v. W. A. Pattishall under the last will and testament of Mary O. Beeman
  129 Fla. 498· Fla.· 1937-03-16 ·cited 45×
  This case involves a dispute over whether a deed containing a defective property description can be reformed to include land that was levied upon by a judgment creditor after the deed's execution but before the reformation proceeding. The Florida Supreme Court held that reformati
• United States v. Harvey
  814 F.2d 905· 4th Cir.· 1987-03-06 ·cited 44×
  The Comprehensive Forfeiture Act of 1984 was intended to permit pre-conviction restraints and forfeiture of legitimately contracted attorney fees, but such application violates the Sixth Amendment right to counsel of choice.
• Tri-County Produce Distribs., Inc. v. Ne. Prod. Credit Ass'n
  160 So. 2d 46· Fla. 1st DCA· 1963-10-31 ·cited 44×
  Tri-County Produce Distributors appealed a foreclosure decree in favor of Northeast Production Credit Association on three mortgages of the Campbells' homestead and farm property. The court affirmed the foreclosure, holding that Northeast's recorded mortgage provided constructive
• The Cleveland Tr. Co. v. Athene S. Foster and Jack Wentz
  93 So. 2d 112· Fla.· 1957-01-23 ·cited 44×
  Cleveland Trust Company sought to set aside a deed transferring Foster's real property to Wentz as a fraudulent conveyance designed to evade a creditor's judgment. The Florida Supreme Court reversed the trial court's dismissal and held the conveyance void, finding all indicia of
• Al Brenner v. Smullian
  84 So. 2d 44· Fla.· 1955-12-14 ·cited 44×
  Property owners leased real property with a covenant prohibiting alterations without consent. A sub-lessee performed substantial improvements that were initially stopped but later authorized through a lease modification. The sub-lessee's contractors acquired mechanics' liens that
• Ostend Realty Co. v. Biscayne Realty & Ins. Co.
  99 Fla. 1221· Fla.· 1930-05-28 ·cited 44×
  This case concerns whether a bill of complaint sufficiently alleged fraud to set aside conveyances of real estate. The appellate court affirmed the lower court's decision to overrule the defendants' demurrers, finding the allegations of fraud adequate.
• Marion Mortgate Co. v. Grennan
  106 Fla. 913· Fla.· 1932-10-04 ·cited 43×
  Marion Mortgage Company seeks to foreclose a mortgage on property that was sold under a contract for deed to the Reeds, who took possession nearly two years before the mortgage was executed. The Florida Supreme Court affirms the trial court's dismissal of the foreclosure bill, ho
• Myers v. Van Buskirk
  96 Fla. 704· Fla.· 1928-12-05 ·cited 43×
  This case involves competing claims to the same real property based on conflicting contracts of sale. The Florida Supreme Court held that subsequent purchasers who acquired both an equitable interest and legal title without notice of a prior unrecorded contract of sale have prior
• Nat'l Labor Relations Bd. v. McFARLAND
  306 F.2d 219· 10th Cir.· 1962-06-22 ·cited 42×
  The court held that the successor employer's acquisition of the predecessor's business and continued operation of the same trucking industry rendered the certified bargaining unit appropriate.
• Maule Indus., Inc. v. Sheffield Steel Prods., Inc.
  105 So. 2d 798· Fla. 3d DCA· 1958-10-14 ·cited 42×
  Maule Industries acquired land at a foreclosure sale that was burdened by a covenant in the original deed requiring maintenance of railroad facilities for the benefit of the neighboring property owner, Sheffield Steel Products. The court affirmed a decree granting specific perfor
• Pittsburgh v. Long Island Loan & Tr. Co.
  172 U.S. 493· U.S.· 1899-01-09 ·cited 42×
  Charles R. Lynde purchased railroad bonds in good faith in 1878 without knowledge that the president of the issuing railroad company had misappropriated them by using them as personal collateral, and the Supreme Court of Ohio held that Lynde acquired valid title to the bonds as a
• United States v. Bailey
  288 F. Supp. 2d 1261· M.D. Fla.· 2003-10-22 ·cited 41×
  The court held that the relation back doctrine, a legal fiction, cannot satisfy the essential element of possession required for Florida's tort of conversion and civil theft, as the government lacked a present or immediate right to possess the property at the time of the alleged
• Jackson v. The Citizens Bank & Tr. Co.
  53 Fla. 265· Fla.· 1907-01-01 ·cited 41×
  The Florida Supreme Court upheld a jury verdict in favor of the Citizens Bank and Trust Company, rejecting a sheriff's challenge to the validity of a sale of goods by an insolvent debtor to a creditor. The case establishes important principles regarding fraudulent transfers: cred
• Telfair Stockton v. The Nat'l Bank of Jacksonville
  45 Fla. 590· Fla.· 1903-01-01 ·cited 41×
  The National Bank of Jacksonville sought to enjoin enforcement of a judgment lien on real property it had purchased, arguing that the attachment and execution were wrongfully levied against property it owned. The Florida Supreme Court reversed the lower court's injunction, holdin
• 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
• Anderson Mild & Lumber Co. v. Clements
  101 Fla. 523· Fla.· 1931-05-07 ·cited 40×
  Anderson Mild and Lumber Company sought to enforce a material man's lien against real property owned by the Clements. The Florida Supreme Court held that while the lien was timely filed and the suit was brought within the statutory period, the lien could not be enforced against t
• Langley v. Owens
  52 Fla. 302· Fla.· 1906-06-01 ·cited 40×
  In this 1906 case, the Florida Supreme Court held that promissory notes bearing the printed device "(L. S.)" opposite the maker's signature constitute sealed instruments under Florida law, even absent explicit reference to a seal in the body of the notes. The court affirmed judgm
• Brenham v. German Am. Bank
  144 U.S. 173· U.S.· 1892-03-28 ·cited 40×
  The German-American Bank sued the City of Brenham, Texas, to collect unpaid interest coupons from bonds the city had issued. The Supreme Court reversed the lower court's judgment in favor of the bank, holding that although the city had express statutory authority to borrow money,
• State v. Town of Belleair
  125 Fla. 669· Fla.· 1936-08-05 ·cited 39×
  The Florida Supreme Court reviewed a circuit court decree validating $1,049,000 in refunding bonds issued by the Town of Belleair to refund multiple prior bond issues. The Court held that three of the original bond issues were void as violations of the Florida Constitution becaus
• United States v. Gilbert
  244 F.3d 888· 11th Cir.· 2001-03-16 ·cited 38×
  The United States appealed the district court's denial of its motion to force Michael Gilbert and his family to file third-party petitions under 18 U.S.C. § 1963(i) to reclaim their interests in a California limited partnership (LCP, Ltd.) that owned part of the Bell Gardens Bicy
• Nat'l Labor Relations Bd. v. Alamo White Truck Serv., Inc.
  273 F.2d 238· 5th Cir.· 1959-12-29 ·cited 38×
  The court held that a successor employer is not bound by a predecessor's union certification if the employing enterprise has substantially changed, even if the business was purchased.
• Reasoner v. Fisikelli
  114 Fla. 102· Fla.· 1934-03-01 ·cited 38×
  This case concerns whether an unrecorded life estate agreement is superior to a subsequently recorded mortgage. The court held that the party who failed to record the agreement is estopped from asserting their interest against a bona fide mortgagee who relied on the public record
• Jones v. Hiller
  65 Fla. 532· Fla.· 1913-06-09 ·cited 38×
  J.J. Jones, an heir of a deceased mortgagor, sought to redeem property sold at a foreclosure sale in 1899, arguing the heirs were not made parties to the foreclosure proceedings and thus retained redemption rights. The Florida Supreme Court held that a bona fide purchaser at a fo
• Neubert v. Massman Bros. & Co.
  37 Fla. 91· Fla.· 1896-01-01 ·cited 38×
  In this equity case, the Florida Supreme Court addressed whether a judgment creditor could reach real property that a debtor had purchased but titled in another's name to conceal it from creditors. The court held that such property could be reached in equity, and that a purchaser
• Moran v. The Comm'rs of Miami Cnty.
  2 Black 722· U.S.· 1862-12-01 ·cited 38×
  Miami County issued bonds to the Peru and Indianapolis Railroad Company to finance stock subscriptions, which the railroad subsequently sold to investors including the plaintiff. When the county refused to pay interest coupons attached to the bonds, claiming irregularities in the
• Icie Lee Nowling McCOY v. Love
  382 So. 2d 647· Fla.· 1979-12-27 ·cited 37×
  Mary V. Nowling Elliott, an illiterate elderly woman, sued to cancel a deed conveying mineral rights that she claimed was procured by fraud. The Florida Supreme Court held that while the deed was obtained through fraud in the inducement, it was voidable (not void ab initio), and
• Lucius Knabb v. Duner
  143 Fla. 92· Fla.· 1940-05-21 ·cited 37×
  L. Knabb appealed the dismissal of his bill of complaint seeking specific performance of an alleged contract to purchase land and challenging a deed. The Florida Supreme Court affirmed dismissal based on res judicata, holding that Knabb's claims arose from the same cause of actio
• Knabb v. Giddings E. Mabry
  137 Fla. 530· Fla.· 1939-05-05 ·cited 37×
  Florida Supreme Court affirmed a trial court decree recognizing an equitable lien in favor of attorneys for unpaid fees incurred in a foreclosure suit. The court held that an attorney may obtain an equitable lien on property recovered for a client based on fundamental principles
• Weathersbee v. Gus J. Dekle
  107 Fla. 517· Fla.· 1933-01-02 ·cited 37×
  The Florida Supreme Court upheld a trial court's decision to void a husband's conveyance of land to his wife as fraudulent against an existing creditor, but reversed the portion setting aside a transfer of bank stock for lack of proof that the transfer was voluntary. The court cl
• Grimm v. Prudence Mut. Cas. Co.
  243 So. 2d 140· Fla.· 1971-01-13 ·cited 36×
  This case involves a dispute over insurable interest in an automobile subject to a bank lien. The Florida Supreme Court reversed the District Court of Appeal's decision and held that Grimm, as the legal owner of the automobile despite owing more to the bank than the car's value,
• S. Lumber & Supply Co. v. Verdier
  51 Fla. 570· Fla.· 1906-01-01 ·cited 36×
  In this creditor's bill, the Florida Supreme Court reversed a trial court decision that upheld a conveyance of real estate from an insolvent debtor husband to his wife, finding the answer insufficient to prove the transaction was bona fide and adequately supported by consideratio
• Bernards Twp. v. Stebbins
  109 U.S. 341· U.S.· 1883-11-26 ·cited 36×
  Bernards Township issued bonds to finance railroad investment, but the commissioners negligently omitted seals from the bonds despite the state statute requiring them. The Supreme Court held that a court of equity could decree the unsealed bonds valid as if properly sealed when p
• Sewell v. Sewell Props., Inc.
  159 Fla. 570· Fla.· 1947-06-27 ·cited 35×
  Dora Sewell appealed the dismissal of her bill of complaint seeking to recover trust property held by her uncle E. G. Sewell as executor and trustee of her father Herbert Sewell's estate. The Florida Supreme Court reversed, holding that the allegations sufficiently stated grounds
• Johns v. Seeley
  94 Fla. 851· Fla.· 1927-11-01 ·cited 35×
  Seeley sought to enforce a vendor's lien against land after Drivers obtained a deed without paying him the full amount owed under their purchase contract. The Florida Supreme Court affirmed Seeley's right to a vendor's lien despite lacking legal title, holding that an equitable p
• Reina v. Gingerale Corp.
  472 So. 2d 530· Fla. 3d DCA· 1985-06-25 ·cited 34×
  Raul Reina appealed the summary judgment dismissing his claim against Gingerale Corporation, a successor company that purchased assets from Coconut Restaurant Corporation. The court affirmed, holding that under traditional corporate law, a successor corporation is not liable for
• In re Madrid v. Lawyers Title Ins. Corp.
  725 F.2d 1197· 9th Cir.· 1984-02-13 ·cited 34×
  A nonjudicial foreclosure sale is not a voidable transfer under 11 U.S.C. § 548 if the debtor did not participate in the transaction.
• United States v. Fernon
  640 F.2d 609· 5th Cir.· 1981-03-23 ·cited 34×
  The court held that the United States is not bound by state statutes of limitation or laches when enforcing its rights, and that the conveyance of property by parents to their son was made in fraud of creditors.