Bona Fide Purchaser

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

• Northup v. Reese
  68 Fla. 451· Fla.· 1914-12-03 ·cited 18×
  The Florida Supreme Court reversed a lower court decision determining priority between two successive mortgages on the same property. The court held that an assignee of the first mortgage (Northup) has priority over an assignee of a second mortgage (Reese), despite an unauthorize
• Hopkins v. O'Brien
  57 Fla. 444· Fla.· 1909-01-01 ·cited 18×
  Hopkins, Marthinson, and Collins appealed a circuit court decree dismissing their bill seeking to enjoin O'Brien from taking possession of land in Taylor County, Florida. The key issue was whether O'Brien was a bona fide purchaser for value without notice of the appellants' prior
• In re Legel v. Legel
  648 F.2d 321· 5th Cir.· 1981-06-18 ·cited 17×
  The court held that Irving Trust was a bona fide purchaser of the GNMA certificates, possessing prior and superior rights to the proceeds.
• Brown v. Elizabeth Hanger & the Fla. Nat'l Bank & Tr. Co. at Miami
  368 So. 2d 63· Fla. 3d DCA· 1979-02-13 ·cited 17×
  A widow challenged a judgment denying her claims to reach funds her deceased husband had gifted to his medical assistant, alleging the funds derived from property they held as tenants by the entireties. The court reversed in part, holding the widow was entitled to a constructive
• Thaddeus Myrl Kitchens v. Kitchens
  142 So. 2d 343· Fla. 2d DCA· 1962-05-25 ·cited 17×
  In this mortgage foreclosure appeal, the court reversed the trial court's dismissal and directed entry of a foreclosure decree. The appellate court held that a conditional satisfaction of mortgage was never properly delivered because neither party's stated conditions precedent we
• Willard v. Hallam
  132 So. 2d 198· Fla. 2d DCA· 1961-07-28 ·cited 17×
  In this complex estate dispute, Willard V. Hallam sought to recover property that his mother Mary V. Hallam transferred to his sister Miriam H. Gladman between 1929-1930, claiming a constructive trust should be imposed. The Florida appellate court affirmed the chancellor's decisi
• Gaston Drake v. Brady
  57 Fla. 393· Fla.· 1909-01-01 ·cited 17×
  This case involves a dispute over land ownership where the seller, Henderson, first agreed to sell to Drake and received full payment, then sold to Brady despite knowing of the prior agreement. The court found that Brady, having purchased with notice of Drake's rights, was bound
• Harles Vattier v. Hinde
  7 Pet. 252· U.S.· 1833-01-01 ·cited 17×
  Belinda Hinde (wife of Thomas S. Hinde) and her heirs sued to compel Charles Vattier and others to convey lot 86 in Cincinnati, claiming title through her deceased brother, Thomas Doyle, Jun., who had received a conveyance from William and Michael Jones in 1800. The Supreme Court
• Batchin v. Barnett Bank OF Sw. Fla. & Ann Kelz
  647 So. 2d 211· Fla. 2d DCA· 1994-08-05 ·cited 16×
  The court held that the trial court lacked authority to enter a foreclosure judgment because the service by publication was based on an insufficient affidavit of diligent search.
• The Bank OF NEW Orleans & Tr. Co. v. Marine Credit Corp.
  583 F.2d 1063· 8th Cir.· 1978-09-20 ·cited 16×
  The court held that in rem jurisdiction over the vessels was lost upon their sale and distribution of proceeds, precluding reclamation of leased equipment or satisfaction of claims from those proceeds.
• Dunson v. Stockton
  346 So. 2d 603· Fla. 1st DCA· 1977-05-27 ·cited 16×
  The Dunsons appealed a foreclosure judgment by mortgagee Stockton, Whatley, Davin & Co., arguing that their equitable interest in a construction contract should be superior to Stockton's mortgage lien. The court held that while the Dunsons were estopped by their deed to the contr
• Henderson Dev. Co. Inc. v. Gerrits
  340 So. 2d 1205· Fla. 3d DCA· 1976-12-14 ·cited 16×
  The court held that the trial court did not err in granting specific performance because the defendant failed to meet its burden of proof regarding its affirmative defense of conveying the property to a bona fide purchaser.
• AVIS Rent-A-Car Sys., Inc. v. Harrison Motor Co.
  151 So. 2d 855· Fla. 2d DCA· 1963-04-10 ·cited 16×
  Avis Rent-A-Car appealed a summary judgment for Harrison Motor Company, the purchaser of a stolen 1959 Ford automobile. The court reversed, holding that a bailee who steals and fraudulently transfers title to stolen property cannot convey valid title to an innocent purchaser, and
• Gabel v. Drewrys Ltd.
  68 So. 2d 372· Fla.· 1953-11-20 ·cited 16×
  Gabel and Drewrys both held mortgages on the same property securing pre-existing debts from McCaffrey. Gabel's mortgage was dated first but recorded later; Drewrys' was recorded first. The court held that Drewrys was not a bona fide purchaser for value because its purported consi
• Rabinowitz v. Keefer
  100 Fla. 1723· Fla.· 1931-01-12 ·cited 16×
  Rabinowitz appeals a decree canceling deeds as clouds on title. The court affirmed, holding that subsequent purchasers who rely on recorded deeds without notice of prior unrecorded deeds are bona fide purchasers protected by recording statutes, even when the prior deed was a warr
• Jacobs v. Scheurer
  62 Fla. 216· Fla.· 1911-06-01 ·cited 16×
  In an ejectment action, the Florida Supreme Court held that a judgment creditor's execution sale purchaser took title subject to a prior deed that had been defectively recorded initially but was properly re-recorded before the execution sale, because the re-recording constituted
• Valentine E. McCrillis v. Copp
  31 Fla. 100· Fla.· 1893-01-01 ·cited 16×
  This case involves a bill for specific performance of a contract to convey land that was obtained under federal homestead laws. The Florida Supreme Court held that contracts to convey homestead land are against public policy and void, even when the homesteader obtains title by co
• Phœbe Fridenburg v. Wilson
  20 Fla. 359· Fla.· 1883-06-01 ·cited 16×
  Phoebe Fridenburg appealed a decree sustaining a demurrer to her bill seeking to subject estate property to a mortgage lien, claiming equity to be subrogated to judgment creditor liens paid from loan proceeds. The Florida Supreme Court affirmed, holding that Fridenburg lacked equ
• Argent Mortg. Co., LLC v. Wachovia Bank N.A.
  52 So. 3d 796· Fla. 5th DCA· 2010-12-30 ·cited 15×
  Argent Mortgage Company appeals a trial court judgment finding that Wachovia's earlier mortgage has priority over Argent's subsequently executed mortgage on the same property. The court reverses, holding that Florida is a notice jurisdiction where priority is determined by the le
• Dep't OF Revenue v. M.E. Rudd and Jean C. Rudd
  545 So. 2d 369· Fla. 1st DCA· 1989-05-26 ·cited 15×
  The Department of Revenue appealed a summary judgment foreclosing a mortgage given by Joseph Rudd to his parents. The court reversed, holding that the trial court lacked jurisdiction to invalidate the tax warrant under the 60-day jurisdictional time limit and that material factua
• J.E. Stack & Whitney Nat'l Bank v. E.L. Dunn and John C. Nix
  444 So. 2d 935· Fla.· 1984-01-12 ·cited 15×
  The Florida Supreme Court addressed a dispute between competing mineral rights leases and clarified the requirements for achieving bona fide purchaser for value status, particularly regarding what constitutes "irrevocably bound" to pay consideration. The Court quashed the distric
• Oscar Gruss & SON v. First State Bank OF Eldorado & Philip Kane & Ralph W. Choiser
  582 F.2d 424· 7th Cir.· 1978-08-11 ·cited 15×
  The court should have found that neither the Bank nor Kane acted in good faith, as the record required such findings.
• Haymaker Sports, Inc. v. Turian
  581 F.2d 257· C.C.P.A.· 1978-08-03 ·cited 15×
  The assignment of a trademark to escrowees as security, with a license back to the assignor to continue using the mark, is valid and does not constitute an assignment in gross. A subsequent assignment from the escrowees to a party with knowledge and intent to continue the busines
• City of Hialeah v. State
  128 Fla. 46· Fla.· 1937-04-14 ·cited 15×
  The Florida Supreme Court upheld the constitutionality of Section 46 of Chapter 11516 (the City of Hialeah Charter Act of 1925), which authorized the city council to issue municipal bonds without voter approval. The court rejected the city's challenge that the statute violated th
• McCampbell Furniture Stores, Inc. v. Cent. Farmers Tr. Co.
  117 Fla. 351· Fla.· 1934-07-31 ·cited 15×
  McCampbell Furniture Stores sold furniture to Hibiscus Holding Company with title retained until payment in cash. The mortgagee of the real property claimed the furniture was subject to its after-acquired property clause, but the Florida Supreme Court held that title never passed
• Bradley v. Forbs
  116 Fla. 350· Fla.· 1934-07-30 ·cited 15×
  The Florida Supreme Court affirmed a foreclosure decree in favor of Leonard Forbs on a mortgage originally given by Peter Forbs to T. S. Green and later assigned to Forbs without recording. The court rejected the purchaser Bradley's argument that he acquired clear title at an exe
• Berger v. Mabry
  113 Fla. 31· Fla.· 1933-11-28 ·cited 15×
  Ernest Berger, a bank stockholder, sold and transferred his stock to Ann Kiser on January 12, 1929, but failed to register the transfer on the bank's records or notify the bank. When Lafayette Bank failed in September 1929, the Comptroller assessed Berger a 100% stock liability b
• Airhart v. Massieu
  98 U.S. 491· U.S.· 1878-10-01 ·cited 15×
  Mexican citizens who owned Texas land before Texas separated from Mexico retained their title and could enforce it in Texas courts despite their alienage, but unrecorded and undeposited titles were subordinate to bona fide purchasers without actual or constructive notice who acqu
• Action Realty & Invs., Inc. v. Halima Grandison & Mortg. Elec. Registration Sys., Inc.
  930 So. 2d 674· Fla. 4th DCA· 2006-03-15 ·cited 14×
  Action Realty purchased a foreclosed property at a sale for $162,000, but the trial court vacated the sale on grounds that the title company's negligence in failing to timely obtain a payoff statement prevented the mortgagor from exercising her right of redemption. The Fourth Dis
• Bakalarz v. Luskin
  560 So. 2d 283· Fla. 4th DCA· 1990-04-18 ·cited 14×
  Ronald Bakalarz purchased an apartment from the Luskins without notice of a constructive trust and equitable lien imposed by a Broward County dissolution judgment. The trial court ordered a sheriff's sale of his property to satisfy the lien. The Fourth District reversed, holding
• In the Case of ONE 1985 Nissan v. Walker
  889 F.2d 1317· 4th Cir.· 1989-11-17 ·cited 14×
  The court held that innocent transferees from a drug dealer remain subject to forfeiture for the proceeds of drug activity because they were not innocent purchasers 'for value'.
• Jacksonville Bulls Football, Ltd. v. Blatt
  535 So. 2d 626· Fla. 3d DCA· 1988-12-13 ·cited 14×
  Jacksonville Bulls Football appealed a trial court judgment that set aside three asset transfers and a consent judgment as fraudulent conveyances designed to hinder collection of a foreign judgment. The Florida appellate court reversed, holding that transfers for adequate cash co
• In re Marino v. Edward M. Walsh in Bankruptcy of Gilbert John Marino
  813 F.2d 1562· 9th Cir.· 1987-04-08 ·cited 14×
  The court held that a leasehold interest is personal property not protected by 11 U.S.C. § 544(a)(3), but the debtor's real property interest is protected. The court also held that Placer did not possess an equitable lien.
• Lowry v. Lowry
  463 So. 2d 540· Fla. 2d DCA· 1985-02-13 ·cited 14×
  This case involves a claim of unjust enrichment where children sued the appellee, who was named the beneficiary of life insurance policies after their father removed them. The court held that the children stated a cause of action, recognizing their equitable claim to the proceeds
• In re Fed's. Inc.
  553 F.2d 509· 6th Cir.· 1977-04-19 ·cited 14×
  A seller's right of reclamation under UCC § 2-702 is a valid state-created ownership right, not an invalid statutory lien or disguised priority under the Bankruptcy Act, and is superior to the rights of a bankruptcy trustee.
• Mayers v. Ridley
  465 F.2d 630· D.C. Cir.· 1972-06-30 ·cited 14×
  The court reversed the district court's dismissal, holding that the Recorder of Deeds' act of filing and maintaining restrictive racial covenants in public records violates the Fair Housing Act of 1968 and the Fourteenth Amendment's Equal Protection Clause. The court found that t
• Roscoe T. Schafer for the Est. of Gibson Prods. of Durango, Inc. v. Hammond
  456 F.2d 15· 10th Cir.· 1972-03-14 ·cited 14×
  The court held that the transfer of the 'By-Pass' property was fraudulent as to creditors because it was made without fair consideration by an insolvent debtor, and the purchasers were not bona fide purchasers.
• Palmer v. Radio Corp. OF Am.
  453 F.2d 1133· 5th Cir.· 1971-12-30 ·cited 14×
  An indirect transfer of a debtor's property to a creditor, even if through an intermediary and pursuant to a prior agreement, is a preferential transfer under § 60(a) of the Bankruptcy Act if it is not perfected within four months of bankruptcy and allows the creditor to obtain a
• In re Easy Living, Inc. v. Plattenburg
  407 F.2d 142· 6th Cir.· 1969-02-25 ·cited 14×
  The court held that the bankruptcy trustee takes the bankrupt's property subject to existing liens and equities, and that Associates' liens should be noted on the mobile home titles as per the dealer's agreement and equitable principles.
• Touart v. Lottie E. Gonzalez
  156 So. 2d 656· Fla. 1st DCA· 1963-10-08 ·cited 14×
  Appellants challenged a summary final decree declaring that they held no title or interest in a disputed waterfront strip between Perdido Bay and certain subdivision lots. The court reversed, finding that material questions of fact and potentially conflicting inferences existed r
• C. E. H. McDONNELL in Reorganization of Equitable Plan Co. v. Tabah
  297 F.2d 731· 2d Cir.· 1961-12-27 ·cited 14×
  The court held that the evidence was sufficient to support the finding that the appellant was not a bona fide purchaser of the stock, and that the trial court did not abuse its discretion in denying continuances.
• Wolfe v. Phillips
  172 F.2d 481· 10th Cir.· 1949-01-27 ·cited 14×
  The court held that Oklahoma's statutes of limitations, including amendments, apply to restricted Indians and their heirs, barring their claims if not brought within the statutory period.
• Laganke v. Sutter
  137 Fla. 71· Fla.· 1939-03-07 ·cited 14×
  Laganke purchased property from Coral Gables Corporation in 1926 with a recorded warranty deed, but Merrick (the original owner) later conveyed the same property to satisfy a judgment lien in favor of Gainco Inc. The Florida Supreme Court reversed the lower court's decree for def
• Ronnoc Grove Co. v. Coe-Mortimer Co.
  83 Fla. 370· Fla.· 1922-03-15 ·cited 14×
  Ronnoc Grove Company appealed an order overruling its demurrer to a mortgage foreclosure complaint. The Florida Supreme Court affirmed, holding that the mortgage was valid despite a one-day dating variance with the secured notes, that corporate compliance with foreign corporation
• McAdow v. Wachob
  45 Fla. 482· Fla.· 1903-01-01 ·cited 14×
  The appellate court reversed a lower court's order dissolving an injunction. The reversal was based on procedural errors, specifically the lack of notice to the complainant and an opportunity to be heard on exceptions to a master's report. The court also provided guidance on the
• Snow v. Lake's Administrator
  20 Fla. 656· Fla.· 1884-01-01 ·cited 14×
  The Florida Supreme Court affirmed a mortgage foreclosure decree against Long, who purchased mortgaged property via quitclaim deed from the mortgagor Snow. The court held that a quitclaim deed conveys only the grantor's existing interest (here, the equity of redemption), placing
• Wilson v. Lott
  5 Fla. 305· Fla.· 1853-01-01 ·cited 14×
  Wilson and Cleland appealed a decree dismissing their bill to set aside a conveyance of property from Luke Lott to Mary Thomas as fraudulent. The Florida Supreme Court affirmed, holding that although the conveyance bore badges of fraud, the complainants presented no proof of frau
• Warner v. Martin
  11 How. 209· U.S.· 1850-12-01 ·cited 14×
  Martin & Franklin, Virginia tobacco manufacturers, consigned tobacco to factor Charles Esenwein in New York for sale, but drew bills of exchange on him that went unpaid. When Esenwein became insolvent, his clerk Caprano sold the consigned tobacco to Warner, who knew of Esenwein's
• White v. Camp
  1 Fla. 94· Fla.· 1846-01-01 ·cited 14×
  This case concerns the enforceability of a promissory note held by an endorsee against the original maker. The Florida Supreme Court held that statutes requiring proof of consideration apply only between immediate parties to a negotiable instrument, not between an endorsee and ma
• United States v. Campos
  859 F.2d 1233· 6th Cir.· 1988-10-05 ·cited 13×
  The court should have remanded the case to determine if third parties were bona fide purchasers without knowledge of asset forfeitability.