Bona Fide Purchaser

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

• Ballard v. Eckman & Vetsburg
  20 Fla. 661· Fla.· 1884-01-01 ·cited 24×
  In this equity case, the Florida Supreme Court reversed a decree finding fraudulent conveyance where creditors alleged that L. M. Ballard sold his mercantile stock to his brother H. D. Ballard to defraud creditors. The court held that the evidence did not support the fraud allega
• State v. The Trs. of the Internal Improvement Fund
  20 Fla. 402· Fla.· 1884-01-01 ·cited 24×
  The Florida Supreme Court denied a mandamus petition by Thomas K. Dixon to compel the Trustees of the Internal Improvement Fund to execute a deed for land he had purchased and paid for in 1882. The court held that mandamus is unavailable when third parties hold legal title to the
• Massey v. Hubbard
  18 Fla. 688· Fla.· 1882-01-01 ·cited 24×
  The Florida Supreme Court held that a judgment creditor's lien does not attach to real property as against a prior unrecorded deed when the grantee has taken actual possession of the property. The court adopted the rule that creditors and subsequent purchasers stand on equal foot
• E. D. Sys. Corp. v. Sw. Bell Tel. Co.
  674 F.2d 453· 5th Cir.· 1982-04-30 ·cited 23×
  The court held that summary judgment was improperly granted because disputed factual issues remain regarding EDS's notice of Bell's claim, the ownership of the certificates of deposit, and whether Bell is estopped from asserting its claim.
• Tejas Dev. Co. v. McGOUGH Bros.
  165 F.2d 276· 5th Cir.· 1947-12-30 ·cited 23×
  The court held that the federal Arbitration Act does not govern state law contracts, and that arbitration awards can be invalidated by arbitrator misconduct or by a party's revocation of the submission before an award is made.
• First Nat'l Bank of Tampa v. S. Lumber & Supply Co.
  106 Fla. 821· Fla.· 1932-09-28 ·cited 23×
  First National Bank of Tampa appeals a decree enforcing a materialman's lien against property mortgaged to the bank. The Florida Supreme Court reverses, holding that the materialman failed to establish the required privity with the property owner necessary to acquire a statutory
• Ray v. Hocker
  65 Fla. 265· Fla.· 1913-03-05 ·cited 23×
  Walter Ray challenged a writ of assistance sought by William Hocker, the trustee for mortgage bondholders, to regain possession of land sold under a foreclosure decree. The Florida Supreme Court held that Ray, who claimed title through a post-foreclosure conveyance, had no enforc
• Edwards v. Thom
  25 Fla. 222· Fla.· 1889-01-01 ·cited 23×
  Edwards' executor appealed a decree giving priority to Thom's mortgage over Edwards' mortgage, claiming Edwards' mortgage was valid. The Florida Supreme Court held that Edwards' mortgage was not properly recorded because the proof of execution failed to establish delivery, an ess
• Denco, Inc. v. Belk
  97 So. 2d 261· Fla.· 1957-05-14 ·cited 22×
  A lessee sought to enforce an option to purchase leased property when the lessor's estate sold the land to a third party without offering the lessee the statutory opportunity to match the sale price. The Florida Supreme Court held that the purchaser, having actual notice of the l
• Mut. Fin. Co. v. Martin
  63 So. 2d 649· Fla.· 1953-03-10 ·cited 22×
  Mutual Finance Company sought to recover on a promissory note given as part of a conditional sale agreement for a deep freezer that was fraudulently misrepresented and wholly unfit for its intended purpose. The Florida Supreme Court held that because the finance company was so cl
• United States v. Fullard-Leo
  156 F.2d 756· 9th Cir.· 1946-05-23 ·cited 22×
  The court held that the Hawaiian Land Court's decree quieting title in appellees' predecessor was conclusive against the United States, and that the presumption of a lost grant was warranted by the evidence of long-standing possession.
• Kester v. Nellie L. Cowan Bostwick (formerly Nellie L. Cowan) a widow
  153 Fla. 437· Fla.· 1943-07-30 ·cited 22×
  A Florida Supreme Court case determining the validity of a tax deed acquired by Kester for Pompano Beach property and establishing the measure of mesne profits owed to the rightful owner who recovered through ejectment. The court held the tax deed invalid due to insufficient prop
• Garrett v. Fernauld
  63 Fla. 434· Fla.· 1912-01-01 ·cited 22×
  This case concerns whether a subsequent purchaser of land is protected from a prior unrecorded mortgage assignment when they pay the original mortgagee without obtaining the note. The court held that the purchaser's failure to ensure the note was surrendered or to ascertain the t
• Ballard v. Lippman Bros.
  32 Fla. 481· Fla.· 1893-06-01 ·cited 22×
  Lippman Bros. sued to foreclose a mortgage on a Lakeland lot, with the Ballards (the original mortgagees who had assigned the note and mortgage to Lippman Bros.) defending on grounds that Mrs. Ballard lacked capacity as a married woman and that her subsequent reconveyance of the
• Stanlius Glinski and William H. Gilliland v. John Zawadski and Wife
  8 Fla. 405· Fla.· 1859-01-01 ·cited 22×
  The Florida Supreme Court upheld a chancellor's decision to retain an equity bill and order an accounting for damages after denying specific performance of a land sale contract. The Court rejected the appellants' argument that equity jurisdiction must terminate when specific perf
• Tcherepnin v. Franz
  485 F.2d 1251· 7th Cir.· 1973-07-27 ·cited 21×
  The court held that the district court had ancillary jurisdiction over the actions and that the findings that Braewood and Peerless were not bona fide purchasers for value were not clearly erroneous.
• Castner v. Ziemer
  113 So. 2d 263· Fla. 2d DCA· 1959-06-24 ·cited 21×
  In this replevin action over a 1956 Plymouth automobile, the trial court granted judgment for the defendant (buyer) on the plaintiff's motion for judgment on the pleadings by improperly considering interrogatories and answers outside the pleadings. The appellate court reversed, h
• Enstrom v. Dunning
  136 Fla. 253· Fla.· 1939-02-03 ·cited 21×
  In this usury case, the Florida Supreme Court reversed the lower court's finding of estoppel, holding that a mortgagor who stated the mortgage was "well secured" could not be estopped from asserting a usury defense where the note was past due when the assignee accepted it. The co
• Pierson v. Bill
  133 Fla. 81· Fla.· 1938-07-06 ·cited 21×
  Suzanne Pierson held an unrecorded mortgage on property that was later conveyed through a chain of transactions by deed without warranty. The Florida Supreme Court held that a deed containing language indicating the grantor conveyed only her equity, with no warranty against encum
• Sovereign Camp Woodmen of the World v. Lake Worth Inlet Dist. of Palm Beach Cnty.
  119 Fla. 782· Fla.· 1935-05-16 ·cited 21×
  The Florida Supreme Court held that holders of bonds issued by the Lake Worth Inlet District under the 1915 statute do not have a paramount lien on district revenues superior to holders of bonds subsequently authorized under later statutes. The court rejected the argument that th
• Jones v. Cent. Hanover Bank & Tr. Co.
  110 Fla. 69· Fla.· 1933-05-04 ·cited 21×
  Jones borrowed money from State Bank of Bartow using a promissory note, which the bank endorsed to Central Hanover Bank as collateral for a loan. When State Bank failed and went into liquidation, Central Hanover received a dividend on its claim without surrendering the collateral
• United States v. S. Pac. R.R. Co.
  184 U.S. 49· U.S.· 1902-01-27 ·cited 21×
  The United States challenged the Southern Pacific Railroad Company's title to certain public lands that had been patented to the company and subsequently sold to private purchasers, arguing the lands were not properly within the railroad's grant. The Supreme Court held that good-
• Diosdado Broche and Trinidan Broche v. Cohn
  987 So. 2d 124· Fla. 4th DCA· 2008-07-09 ·cited 20×
  This case involves a dispute over the ownership of a parcel of real property. The appellate court affirmed the lower court's decision that a buyer was a bona fide purchaser entitled to the property, but reversed the lower court's findings regarding breach of fiduciary duty and vo
• In re Murdock Mach. & Eng'g Co. OF Utah v. Kesler
  620 F.2d 767· 10th Cir.· 1980-05-01 ·cited 20×
  A seller's right to stop delivery of goods in transit due to buyer insolvency is not defeated by a third-party good faith purchaser, even if the government claims title via a contract, because federal law incorporates state commercial codes in such instances.
• Huntington Towers, Ltd. v. Franklin Nat'l Bank (in liquidation) & Fed. Deposit Ins. Corp.
  559 F.2d 863· 2d Cir.· 1977-07-19 ·cited 20×
  The court affirmed dismissal of claims against the FRB and Comptroller, finding their actions within their statutory authority and protected by immunity. Claims against EAB regarding financing were dismissed due to the Statute of Frauds, while preferential transfer claims against
• Reaves v. Hembree
  330 So. 2d 747· Fla. 1st DCA· 1976-03-26 ·cited 20×
  In this joint venture dispute, the court held that a constructive trust must be imposed on property when a venture fiduciary disposes of the property without consent of other co-venturers and the transferee has knowledge of those rights. The trial court erred in refusing to impos
• Michaels v. Albert Pick & Co.
  158 Fla. 877· Fla.· 1947-05-13 ·cited 20×
  This case addresses whether a judgment creditor's lien attaches to property when the judgment debtor entered into recorded agreements for sale but the final deed from the judgment debtor to the vendee was unrecorded at the time judgment was entered. The Florida Supreme Court held
• Mfg. Tr. Co. v. Peoples Holding Co.
  110 Fla. 451· Fla.· 1933-06-10 ·cited 20×
  Manufacturing Trust Company appeals the trial court's order striking a portion of its answer asserting that Monticello Drug Company failed to conduct adequate inquiry outside the record to qualify as a bona fide purchaser of a mortgage. The Florida Supreme Court affirms, holding
• Fletcher Scott v. The Nat'l City Bank of Tampa
  107 Fla. 810· Fla.· 1931-11-30 ·cited 20×
  Fletcher Scott, an accommodation indorser on a promissory note executed by Scott Grocery Company to National City Bank of Tampa, sought equitable relief against the bank and an assignee for the benefit of creditors. The Florida Supreme Court held that Scott, as a surety, had suff
• Watson v. Phipps
  99 Fla. 568· Fla.· 1930-03-18 ·cited 20×
  Frank Watson, executor of his mother Jennie E. Watson's estate, sought to rescind her 1921 sale of Florida property to Porte F. Quinn, alleging Quinn fraudulently misrepresented the land's character and value while acting as her agent. The Florida Supreme Court affirmed dismissal
• Ocklawaha River Farms Co. v. Jefferson D. Young
  73 Fla. 159· Fla.· 1917-01-31 ·cited 20×
  The Florida Supreme Court affirmed the dismissal of a bill in equity seeking to void deeds executed by Ruby C. Connor and her husband to J.M. Elliott Jr. in 1908, holding that the deeds were valid mortgages supported by sufficient consideration (the husband's pre-existing debt to
• Lake Superior Ship Canal v. Cunningham
  155 U.S. 354· U.S.· 1894-12-10 ·cited 20×
  The Lake Superior Ship Canal, Railway and Iron Company sought to recover land in Michigan that had been granted to the State by Congress in 1856 to aid railroad construction and later selected by the State for the canal company's benefit. The Supreme Court held that a settler who
• Doon Twp. v. Cummins
  142 U.S. 366· U.S.· 1892-01-04 ·cited 20×
  In Doon Township v. Cummins, the Supreme Court held that municipal bonds issued under an Iowa statute to fund existing indebtedness were void when they caused the township's aggregate debt to exceed the constitutional debt limit of five percent of taxable property, even though th
• Stewart v. Mathews
  19 Fla. 752· Fla.· 1883-01-01 ·cited 20×
  In this 1883 Florida ejectment case, the Supreme Court reversed the trial referee's judgment for the plaintiff and granted a new trial, holding that the defendant's title through Paul McCormick's executor was superior to the plaintiff's title because the defendant's deed was reco
• United States v. Verness R. Kennedy
  201 F.3d 1324· 11th Cir.· 2000-01-28 ·cited 19×
  Byron Kennedy was convicted of mail fraud and unlawful monetary transactions involving over $800,000 stolen from his employer, Continental Graphics Corporation. He used $184,445.05 of the stolen proceeds to purchase a beach house held jointly with his wife, Verness Kennedy, as te
• In re Sandy Ridge OIL Co., Inc. v. Centerre Bank Nat'l Ass'n
  807 F.2d 1332· 7th Cir.· 1986-12-03 ·cited 19×
  The court held that a debtor-in-possession's actual knowledge of an encumbrance does not prevent it from avoiding that encumbrance under the Bankruptcy Code's strong arm clause (§ 544(a)(3)). The court certified a question regarding constructive notice under Indiana law to the In
• Dunn v. Stack
  418 So. 2d 345· Fla. 1st DCA· 1982-08-05 ·cited 19×
  In this quiet title action involving competing mineral leases in Florida's Panhandle, the court reversed a summary judgment for the appellees, finding material factual disputes about whether the appellants were bona fide purchasers for value without notice of a prior probate leas
• Snead v. United States Trucking Corp.
  380 So. 2d 1075· Fla. 1st DCA· 1980-02-18 ·cited 19×
  In this stockholders' derivative suit, the court held that a lease extension agreement executed by corporate officers with conflicting interests is voidable even without proof of actual fraud when the transaction was not arms-length. The trial court's judgment denying rescission
• Buell Cabinet Co., Inc. v. Sudduth
  608 F.2d 431· 10th Cir.· 1979-10-29 ·cited 19×
  Genuine issues of material fact remain regarding property ownership and intent, precluding summary judgment.
• Morgan Guar. Tr. Co. OF NEW York v. Third Nat'l Bank OF Hampden Cnty.
  529 F.2d 1141· 1st Cir.· 1976-01-20 ·cited 19×
  The court held that notice received by an organization is effective under an objective standard of due diligence, not a subjective one, and that equitable estoppel did not apply.
• Albury v. Gordon
  164 So. 2d 549· Fla. 3d DCA· 1964-05-19 ·cited 19×
  In this quiet title action, the Florida District Court of Appeal affirmed a summary judgment dismissing the plaintiff's suit and granting the defendants' counterclaim to recover a half interest in property that had been forfeited for taxes and then repurchased by one former co-ow
• Beley v. Naphtaly
  169 U.S. 353· U.S.· 1898-02-28 ·cited 19×
  The case involved disputes over California land titles claimed under the 1866 Act, which granted preemption rights to bona fide purchasers for value of lands from Mexican grantees whose claims had been rejected. The Supreme Court held that the statute did not require proof of an
• Bardon v. Land & River Improvement Co.
  157 U.S. 327· U.S.· 1895-03-28 ·cited 19×
  Bardon purchased land through a tax deed issued by Douglas County in 1870, while the defendant Land and River Improvement Company sought to challenge the validity of the tax proceedings and deed. The Supreme Court upheld the tax deed as valid, holding that under Wisconsin law, a
• In re Probasco v. Eads
  839 F.2d 1352· 9th Cir.· 1988-02-22 ·cited 18×
  The court held that the physical condition and subdivision activity of the property provided constructive notice of Probasco's interest, preventing the debtor in possession from avoiding that interest under the strong arm clause. The court also held that the bankruptcy court did
• Natural Res., Inc. v. Wineberg
  349 F.2d 685· 9th Cir.· 1965-08-02 ·cited 18×
  A purchaser is deemed to have constructive notice of a prior unrecorded deed if the property is possessed by another, especially when signs indicate a possessory claim, thus precluding the purchaser from being considered a bona fide purchaser.
• Lacy v. United States
  216 F.2d 223· 5th Cir.· 1954-11-04 ·cited 18×
  The court held that the government, as a suitor in equity, must do equity by compensating the property owner for an easement taken, and cannot enjoin the owner from using their land without offering compensation.
• Krug v. Santa FE PAC. R. Co.
  158 F.2d 317· D.C. Cir.· 1946-10-21 ·cited 18×
  A plaintiff's motion for summary judgment is premature if filed before the defendant has filed an answer, even if the defendant has also moved for summary judgment. However, a defendant's motion for summary judgment should not be denied if there is a genuine dispute of material f
• Effie M. Hulet v. Denison
  146 Fla. 478· Fla.· 1941-03-25 ·cited 18×
  A satisfaction of mortgage executed by an assignee who took the mortgage after maturity and without proper delivery of the notes and mortgage is invalid.
• Voorhies v. Blood
  127 Fla. 337· Fla.· 1937-02-04 ·cited 18×
  The Florida Supreme Court addressed whether the trustee of an estate properly administered a trust fund invested in mortgages, affirming the trustee's proper appointment and conduct, while reversing the lower court's finding that certain mortgages purchased in the trustee's indiv
• Manasse v. The Dutton Bank
  75 Fla. 327· Fla.· 1918-03-02 ·cited 18×
  In this third appeal, the Florida Supreme Court affirmed a decree resolving a dispute between Joseph Manasse and the Dutton Bank over the matured value of a life insurance policy. The court upheld the lower court's finding that the Dutton Bank, as a bona fide holder for value wit