Bona Fide Purchaser

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

• Nash Miami Motors, Inc. v. Louie Bandel for the A. A. Auto Sales-Rentals, Inc.
  160 Fla. 925· Fla.· 1948-11-02 ·cited 34×
  The court held that service of process on the Insurance Commissioner was valid, as the Kansas statute permits suits against foreign insurers in the county of the plaintiff's residence, regardless of where the cause of action arose. The court also affirmed the allowance of pre-jud
• Bland v. Fid. Tr. Co.
  71 Fla. 499· Fla.· 1916-04-12 ·cited 34×
  Fidelity Trust Company purchased a negotiable promissory note endorsed by McLaughlin Brothers and sought to recover from the makers. The defendant makers challenged the note on multiple grounds, including fraud in inducement, failure of consideration, and alleged material alterat
• Amoco Prod. Co. v. The United States
  619 F.2d 1383· 10th Cir.· 1980-04-21 ·cited 33×
  The court held that ambiguous state law on constructive notice prevents a federal court from finding that a party 'should have known' of a claim for the purpose of a federal statute of limitations. The court also held that the trial court erred in excluding evidence under Federal
• Blumin v. Ellis
  186 So. 2d 286· Fla. 2d DCA· 1966-05-04 ·cited 33×
  Stockholders of Palmdale Water and Gas Company brought suit to enforce an equitable lien on assets sold to General Utilities, which subsequently went bankrupt. The court held that the stockholders had enforceable equitable liens under the purchase agreement, rejecting defenses ba
• McQueen v. M. & J. Fin. Corp.
  59 So. 2d 49· Fla.· 1952-05-20 ·cited 33×
  The Florida Supreme Court affirmed a judgment against a car buyer who failed to obtain a Florida certificate of title before purchasing a vehicle, holding that this failure prevented him from being considered a bona fide purchaser and thus liable for converting the security inter
• Sundie v. Haren
  253 So. 2d 857· Fla.· 1971-09-08 ·cited 32×
  The Florida Supreme Court reversed the District Court of Appeal's decision and dismissed the petition for writ of certiorari, holding that when an appellate court reverses a judgment, the party benefiting from reversal is entitled to restitution of property from the judgment cred
• Edward B. Marks Music Corp. v. Charles K. Harris Music Publ'g Co., Inc.
  255 F.2d 518· 2d Cir.· 1958-05-16 ·cited 32×
  The court held that the 1916 conveyance did not transfer renewal rights, and plaintiff's subsequent agreement for renewal rights was valid. The court also held that plaintiff was not barred by laches from seeking further relief.
• Moyer v. Clark
  72 So. 2d 905· Fla.· 1954-05-28 ·cited 32×
  The Florida Supreme Court held that Section 95.23's twenty-year recording statute does not invalidate an unrecorded deed from a grantee of a deed that was recorded for more than twenty years, where the unrecorded deed claims are not adverse to but rather derivative from the recor
• Jambs F. Mansfield and Joseph J. Bishop v. Johnson
  51 Fla. 239· Fla.· 1906-01-01 ·cited 32×
  In this property dispute, the Florida Supreme Court affirmed a judgment upholding Johnson's superior title acquired through a sheriff's sale executed on a judgment lien, despite competing claims by other parties who argued they held equitable interests in the land. The Court held
• Claflin & Thayer v. Ambrose
  37 Fla. 78· Fla.· 1896-01-01 ·cited 32×
  The Florida Supreme Court reversed a lower court decree that upheld several conveyances of property made by Hardee Raulerson to his wife Sarah E. Raulerson, finding that these transfers were fraudulent as to the partnership's creditors because they were made with partnership fund
• De Wolf v. Johnson
  10 Wheat. 367· U.S.· 1825-03-18 ·cited 32×
  De Wolf sought to foreclose a mortgage securing a loan of sixty-two thousand dollars made to Prentiss in 1817, but defendants who had acquired Prentiss's equity of redemption claimed the original 1815 loan contract was usurious and therefore void. The Supreme Court held that the
• Productos Carnic, S.A. v. Cent. Am. Beef & Seafood Trading Co.
  621 F.2d 683· 5th Cir.· 1980-07-14 ·cited 31×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction to preserve the status quo, but modified the injunction to require the sale of the disputed beef.
• Mrs. C. J. Rambo and J. R. Sealey v. Dickenson
  92 Fla. 758· Fla.· 1926-10-20 ·cited 31×
  This case concerns a dispute over timber rights on land. The court affirmed a lower court's decision to grant an injunction, protecting a subsequent purchaser who bought the land without notice of a prior unrecorded timber deed.
• Thompson v. Perrine
  103 U.S. 806· U.S.· 1880-10-01 ·cited 31×
  The Town of Thompson issued bonds to finance a railroad subscription in violation of state law by exchanging them directly for railroad stock rather than selling them and investing the proceeds as required. The Supreme Court held that New York's 1871 curative statute validly rati
• Pelfresne v. Vill. OF Williams BAY
  917 F.2d 1017· 7th Cir.· 1990-11-08 ·cited 30×
  A purchaser is not bound by a state court's raze order if it does not appear of record in the chain of title, but may be bound if they had actual or inquiry notice of the order.
• Balsley v. Union Cypress Co.
  92 Fla. 706· Fla.· 1926-09-22 ·cited 30×
  The Florida Supreme Court affirmed the lower court's decision overruling demurrers to a creditor's bill seeking to annul allegedly fraudulent conveyances of real property. The court held that when a judgment debtor has legal title to property that is fraudulently conveyed, a cred
• Ellis v. Clark
  39 Fla. 714· Fla.· 1897-06-01 ·cited 30×
  Ellis sued to recover land, but the defendants produced a tax deed to Davis and Davis's subsequent deed to the Clark defendants. The Florida Supreme Court reversed a jury verdict for the defendants, holding that the trial court erred in instructing the jury that recording a deed
• Block v. Commissioners
  99 U.S. 686· U.S.· 1878-10-01 ·cited 30×
  William J. Lewis sued Bourbon County, Kansas to enforce payment of bond coupons through a mandamus proceeding, and the state court ruled the bonds were invalid because no majority of voters had approved their issuance; Lewis then placed his coupons with Block, who sued the county
• May v. Le Claire
  11 Wall. 217· U.S.· 1870-12-01 ·cited 30×
  May and Le Claire entered into a valid compromise contract in 1859 whereby Le Claire agreed to transfer certain financial securities to May in exchange for May conveying the Rosebank farm to Le Claire, free of encumbrances. The Supreme Court held that although Le Claire and his a
• Byrom v. Walt Gallagher
  609 So. 2d 24· Fla.· 1992-11-19 ·cited 29×
  The Florida Supreme Court held that a bona fide purchaser of aircraft who held equitable but unrecorded interest at seizure may contest forfeiture if he obtains legal title and FAA registration before the forfeiture hearing. The Court established a two-part test requiring both le
• United States v. Reckmeyer
  836 F.2d 200· 4th Cir.· 1987-12-28 ·cited 29×
  The court held that general creditors who provide value in an arms'-length transaction without knowledge of potential forfeitability are protected under 21 U.S.C. § 853(n)(6)(B), and affirmed the district court's exemption of property and award of value to third-party claimants.
• Gerald Lipsky under the Will of Walden Robert Cassotto v. Commonwealth United Corp. (now known as Iota Indus.
  551 F.2d 887· 2d Cir.· 1976-12-01 ·cited 29×
  The court held that the dismissal of the complaint was premature as the materiality of the 'best efforts' clause and the possibility of restoring the status quo presented factual questions requiring evidence. It also found that claims against CUM and the Hudson defendants were im
• Meckler v. Weiss
  80 So. 2d 608· Fla.· 1955-05-27 ·cited 29×
  Meckler and Weiss were cotenants who jointly executed a mortgage on property. After Meckler paid the entire mortgage debt without reimbursement from Weiss, he sought to enforce the mortgage as an equitable lien against Weiss's interest for her proportionate share. The trial court
• Conmar Prods. Corp. v. Universal Slide Fastener Co., Inc.
  172 F.2d 150· 2d Cir.· 1949-01-11 ·cited 29×
  The court held that the Wintritz and Ulrich patent claims were invalid due to prior art and lack of invention, and that the defendants were not liable for trade secret misappropriation due to lack of notice and substantial change of position.
• Boswell & Rose v. Cunningham
  32 Fla. 277· Fla.· 1893-06-01 ·cited 29×
  Boswell & Rose, real estate agents employed by Carrie Cunningham to purchase land in Kissimmee, fraudulently purchased the property for themselves instead of their principal. The Florida Supreme Court held that agents who acquire property they were hired to purchase for their pri
• Thompson v. Maxwell
  16 Fla. 773· Fla.· 1878-06-01 ·cited 29×
  Thompson appeals from Circuit Court orders overruling his demurrer to Maxwell's bill seeking to correct clerical errors in a mortgage foreclosure decree and enjoining Thompson from pursuing execution and ejectment proceedings. The Florida Supreme Court affirms the overruling of t
• DeGREGORIO v. Balkwill
  853 So. 2d 371· Fla.· 2003-08-21 ·cited 28×
  The Florida Supreme Court holds that the 45-day deadline for filing forfeiture complaints under the Florida Contraband Forfeiture Act is mandatory, not merely directory. The court resolves a conflict between district courts of appeal by adopting the stricter interpretation that f
• United States v. Five Hundred Thousand Dollars
  730 F.2d 1437· 11th Cir.· 1984-04-30 ·cited 28×
  A party must demonstrate a sufficient ownership or possessory interest in seized property to establish standing to contest forfeiture proceedings.
• Schreiber v. Chase Fed. Sav. & Loan Ass'n
  422 So. 2d 911· Fla. 3d DCA· 1982-10-12 ·cited 28×
  The Florida District Court of Appeal, Third District, granted a motion for rehearing en banc to resolve a conflict between panel decisions regarding the validity of deeds conveying property for love and affection consideration. The court reversed the lower court judgment and held
• Elizabethport Cordage Co. v. Whitlock
  37 Fla. 190· Fla.· 1896-01-01 ·cited 28×
  Elizabethport Cordage Company sought to foreclose a mortgage executed by William S. Whitlock in 1877, claiming to have acquired rights through an assignment of an earlier 1875 mortgage to Waterbury and Marshall. The Florida Supreme Court held that the corporation cannot be subrog
• Brooks v. Marbury
  11 Wheat. 78· U.S.· 1826-02-10 ·cited 28×
  Richard Fitzhugh executed a deed to William Marbury transferring his property in trust to pay certain preferred creditors, including holders of forged notes, and this deed was challenged by an attaching creditor, Brooks, who argued the deed was void because it was obtained with t
• In re Gen. Coffee Corp. v. Gen. Coffee Corp.
  828 F.2d 699· 11th Cir.· 1987-09-28 ·cited 27×
  A constructive trust arises when the facts giving rise to fraud occur, not when a court declares it, and a constructive trust beneficiary's equitable interest prevails over a bankruptcy trustee's strong-arm powers.
• Willys-Overland, Inc. v. Norris D. Blake
  97 Fla. 626· Fla.· 1929-04-23 ·cited 27×
  Willys-Overland obtained a judgment against Erie B. Renwick and sought to execute on lands titled to Renwick as trustee. The beneficiaries of the trust sought to enjoin the sale, but the Florida Supreme Court held that without recorded notice of the beneficial interests, the judg
• Klaus Zurstrassen v. Stonier
  786 So. 2d 65· Fla. 4th DCA· 2001-05-16 ·cited 26×
  Klaus Zurstrassen appeals a summary judgment quieting title in favor of his brother's subsequent purchasers, claiming a forged deed conveyed his property interest without his knowledge or consent. The court reverses, holding that material issues of fact preclude summary judgment
• D. K. Porter in Bankruptcy of Abe Greenband v. Woodey B. Searle and Edlean E. Searle
  228 F.2d 748· 10th Cir.· 1955-12-19 ·cited 26×
  The court held that the equitable lien acquired by the sellers was not a preferential transfer under the Bankruptcy Act, as amended.
• Cal. Bank v. United States Fid. & Guar. Co.
  129 F.2d 751· 9th Cir.· 1942-07-27 ·cited 26×
  A subrogee cannot recover funds paid to a creditor without notice, in satisfaction of a just debt, prior to the maturing of any right of subrogation.
• Smith v. W. A. Pattishall under the last will and testament of Mary O. Beeman
  127 Fla. 474· Fla.· 1937-03-16 ·cited 26×
  The Florida Supreme Court reversed a chancellor's decision to allow reformation of a defectively-described deed, holding that a judgment creditor's lien on property not included in the original deed cannot be defeated by later equitable reformation that would relate back to the o
• Lindsley v. Phare
  115 Fla. 454· Fla.· 1934-06-14 ·cited 26×
  In Phare v. Randall, the Florida Supreme Court reversed a decree that ordered the sale of notes and a mortgage held as an estate by the entireties to satisfy a judgment lien. In this subsequent suit, Phare seeks to foreclose the mortgage after the Master's sale was reversed and t
• The Van Eepoel Real Est. Co. v. The Sarasota Milk Co.
  100 Fla. 438· Fla.· 1930-08-01 ·cited 26×
  In a priority dispute between an unrecorded mortgage and a mechanic's lien on the same property, the Florida Supreme Court held that the mechanic's lien takes priority because the mortgagee failed to promptly record its mortgage, thereby estopping it from claiming priority over a
• Guar. Title & Tr. Co. v. Thompson
  93 Fla. 983· Fla.· 1927-05-04 ·cited 26×
  Guaranty Title & Trust Co. appealed a foreclosure decree involving a statutory materialman's lien and a trust deed mortgage. The court held that a trust deed, though recorded first, cannot take priority over statutory liens acquired before the underlying debt obligation came into
• Hart v. Gulf Fertilizer Co.
  91 Fla. 991· Fla.· 1926-05-24 ·cited 26×
  L. Margaret Hart sought to enjoin execution of judgment against property she purchased, claiming the property was the homestead of the judgment debtor W. J. Trowell and thus exempt from creditor process. The Florida Supreme Court reversed the dismissal of her complaint, holding t
• Indian River Mfg. Co. v. Wooten
  55 Fla. 745· Fla.· 1908-01-01 ·cited 26×
  Indian River Manufacturing Company appealed a trial court decree that reformed a lease to add timber-cutting rights and dismissed the manufacturing company's injunction action against Frank Wooten. The Florida Supreme Court reversed, holding that the evidence did not satisfy the
• Henry L. Mattair and others v. Celia B. Payne and others
  15 Fla. 682· Fla.· 1876-06-01 ·cited 26×
  In this 1876 Florida case, heirs of Amaziah Coy sought to recover property, set aside conveyances alleged to be fraudulent, and obtain partition and distribution of proceeds. The court affirmed dismissal of the bill, finding the pleadings too confused and multifarious to permit r
• Sec. & Exch. Comm'n v. Invs. Sec. Corp. & William H. Brown. Sec. & Exch. Comm'n v. Invs. Sec. Leasing Corp.
  560 F.2d 561· 3d Cir.· 1977-07-26 ·cited 25×
  The court held that the receiver for ISLC had no interest in the securities, but vacated the district court's finding that Equibank was not a bona fide purchaser, and lacked jurisdiction to determine ownership of the securities as the original owners were not parties.
• McCullough v. Hill
  133 So. 846· Fla.· 1931-04-23 ·cited 25×
  The Florida Supreme Court affirmed the dismissal of a mortgage foreclosure action, holding that the appellants failed to meet their burden of proving they were good-faith purchasers without notice of usury in the underlying promissory note and mortgage.
• United States v. Dalles Mil. Rd. Co.
  140 U.S. 599· U.S.· 1891-05-25 ·cited 25×
  The United States sued eight road companies and their successors in equity to recover over 685,000 acres of Oregon land granted by Congress for construction of military wagon roads, alleging the companies fraudulently obtained patents for the lands by presenting false certificate
• In re Ezella M. Taylor v. Ezella M. Taylor
  884 F.2d 478· 9th Cir.· 1989-09-05 ·cited 24×
  The court held that a bankruptcy court order lifting the automatic stay is invalid if entered after the underlying bankruptcy case has been dismissed, and that creditors who violate the automatic stay with knowledge of the bankruptcy filing are liable for damages, even if they re
• Livingston v. Nat'l Shawmut Bank of Boston
  62 So. 2d 13· Fla.· 1952-12-16 ·cited 24×
  The Florida Supreme Court held that a Maine conditional sales lienholder's security interest in an automobile remained superior to a subsequent Florida purchaser's equity, but reversed the lower court's award of full ownership to the lienholder, instead requiring that the propert
• Girard Tr. Co. v. Amsterdam
  128 F.2d 376· 5th Cir.· 1942-05-27 ·cited 24×
  The court held that the trial court did not err in finding that Annie K. Amsterdam was the bona fide owner of her shares and in managing the trial proceedings.
• Tucker v. Fouts
  73 Fla. 1215· Fla.· 1917-06-09 ·cited 24×
  Tucker v. Fouts involved a foreclosure action on an allegedly usurious mortgage. The Florida Supreme Court held that the Bank of Safety Harbor's loan of $3,000 with charges totaling $475 interest over 90 days (over 25% per annum) was usurious, and that the subsequent purchaser Fo