Innocent Purchaser For Value

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

• Bloxham v. Fla. Cent. & Peninsular R.R. Co.
  35 Fla. 625· Fla.· 1895-01-01 ·cited 83×
  The Florida Supreme Court upheld a state statute assessing back taxes on railroad property for years 1879-1881 that had escaped taxation, rejecting the railroad company's claims that it had acquired tax exemption rights and that the reassessment statute violated constitutional pr
• Hassey v. Williams
  127 Fla. 734· Fla.· 1937-04-19 ·cited 61×
  In this Florida Supreme Court case, the court reversed a lower court decision that voided a property deed executed by Bulah Williams, who had been adjudicated insane in 1918 but was discharged from a mental hospital as cured in 1919 and had lived normally for 15+ years before exe
• Cheves v. The First Nat'l Bank of Gainesville
  79 Fla. 34· Fla.· 1920-01-23 ·cited 57×
  The Florida Supreme Court affirmed an order overruling a demurrer in a mortgage foreclosure action, holding that a bank could enforce a purchase-money mortgage even though the deed and mortgage were delivered after an escrow period and the bank was acting in place of the original
• Wilkins v. Mrs. C. Lewis
  78 Fla. 78· Fla.· 1919-07-01 ·cited 43×
  A widow named Mary Richardson executed a mortgage but was actually Mary Wilkins, a married woman. The mortgagee sought to enforce the mortgage against the property despite the mortgagor's misrepresentation of her marital status. The Florida Supreme Court held that a married woman
• Lucius O. Hamilton & Marion Mortg. Co. v. Flowers
  134 Fla. 328· Fla.· 1938-10-15 ·cited 39×
  Florida Supreme Court reversed the trial court's denial of motions to dismiss a bill of complaint brought by receivers of bondholders' committees challenging foreclosure sales and property transfers related to the Miramar Hotel. The Court held that the bill lacked equity because
• Halladay v. Verschoor
  381 F.2d 100· 8th Cir.· 1967-08-16 ·cited 36×
  The court held that the successor trustee had standing to sue a third party for wrongs against the trust estate and that the trial court erred in denying the amendment to add the Attorney General's special representative as a party plaintiff.
• Kerivan v. Fogal
  156 Fla. 92· Fla.· 1945-06-19 ·cited 36×
  A widow who was actually bigamously married conveyed property to innocent purchasers. The heirs of the intestate sought to recover the property or assert a tenancy in common interest, but the Florida Supreme Court held that equitable estoppel prevented them from selectively relyi
• 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
• Folsom v. Farmers Bank of Vero Beach
  102 Fla. 899· Fla.· 1931-08-11 ·cited 31×
  The Florida Supreme Court upheld the creation of an equitable lien in favor of Farmers Bank against real property when a debtor obtained collateral on the promise to execute a new mortgage but instead conveyed the property to his daughter without consideration. The court held tha
• Bloxham v. The Fla. Cent. & Peninsular R.R. Co.
  39 Fla. 243· Fla.· 1897-01-01 ·cited 30×
  The Florida Supreme Court addresses whether a circuit court may permit filing of a supplemental bill in the nature of a bill of review after the appellate court has affirmed or modified a decree. The court holds that absent express authorization from the appellate court, a lower
• Levy v. Cox
  22 Fla. 546· Fla.· 1886-06-01 ·cited 28×
  The Florida Supreme Court reversed a lower court's judgment in an ejectment action. The court found that the trial court erred in its jury instructions regarding conveyances of land held in adverse possession and in refusing to grant a new trial, as the evidence overwhelmingly fa
• Yamamoto v. Kazuo Omiya
  564 F.2d 1319· 9th Cir.· 1977-11-28 ·cited 26×
  The district court erred in striking equitable relief and the lis pendens notice before determining liability, as equitable remedies are available for Section 14(a) violations and premature balancing of equities is improper.
• Vincent v. Gen. Motors Acceptance Corp.
  75 So. 2d 778· Fla.· 1954-11-19 ·cited 26×
  This case resolves whether a Georgia conditional sales lien recorded in Georgia takes priority over a Florida purchaser's claim to be an innocent purchaser for value when the car was transported to Florida without the lienholder's consent. The Florida Supreme Court held that the
• Trumbull Chevrolet Sales Co., Inc. v. Seawright
  134 So. 2d 829· Fla. 1st DCA· 1961-11-02 ·cited 21×
  Trumbull Chevrolet, a Michigan franchise dealer, sought replevin to recover a Chevrolet automobile it delivered to a Tennessee dealer (Garner) on a purported cash sale that was never completed because Garner's payment check was dishonored. The car was subsequently sold through tw
• Beacham v. Carr
  122 Fla. 736· Fla.· 1936-01-06 ·cited 21×
  Beacham sought to remove a cloud on title to Cowan's property by canceling a mortgage, claiming the loan transaction involved usury. The court held that despite the note being indorsed without recourse, the lender Carr could not escape Florida usury laws through formal indorsemen
• Ezra P. Axtell v. Smedley & Rodgers Hardware Co.
  59 Fla. 430· Fla.· 1910-01-01 ·cited 20×
  A hardware company sought to enforce a materialman's lien against a purchaser of property where building materials were supplied. The Florida Supreme Court reversed the lower court's decree, holding that a materialman's lien, though properly recorded within three months, is ineff
• Long Beach Mortg. Corp. v. Bebble
  985 So. 2d 611· Fla. 4th DCA· 2008-06-11 ·cited 19×
  Long Beach Mortgage Corporation appealed the trial court's denial of its motion to set aside a foreclosure sale where its property sold for $1,000 despite being valued at $500,000. The appellate court reversed, holding that the grossly inadequate price combined with irregularitie
• Daniel v. The First Nat'l Bank OF Birmingham
  228 F.2d 803· 5th Cir.· 1956-01-17 ·cited 19×
• 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.
• Tom Bolack and wife v. Rip C. Underwood
  340 F.2d 816· 10th Cir.· 1965-01-18 ·cited 18×
  The court held that a purchaser of a federal oil and gas lease is considered an innocent purchaser for value under New Mexico law if the prior assignment was not recorded in the county clerk's office and the purchaser had no actual notice of it.
• Mason v. Flowers
  91 Fla. 224· Fla.· 1926-01-30 ·cited 18×
  Mason sued Flowers and Elliott on a promissory note for stock purchase price, claiming to be an innocent holder in due course of a negotiable instrument. The Florida Supreme Court held the note non-negotiable due to conditional language restricting transfer and delivery, thereby
• Cooper v. Livingston
  19 Fla. 684· Fla.· 1883-01-01 ·cited 18×
  C. O. Livingston sued executor C. P. Cooper for payment of a promissory note given by the decedent John Roberts to fortune-teller Mrs. Magruder for conjuring services. The Florida Supreme Court reversed the judgment, holding that conjuring is not valid consideration for a promiss
• Griffin v. Bolen
  149 Fla. 377· Fla.· 1942-01-20 ·cited 17×
  This case involves a fraudulent scheme by an administrator and others to sell estate property for a fraction of its value and acquire it for themselves. The court affirmed the lower court's decision to cancel the fraudulent deeds and quiet title to the heirs, finding the transact
• F. Burkhart MFG. Co. v. Fort Worth & D. C. Ry. Co.
  149 F.2d 909· 8th Cir.· 1945-06-25 ·cited 16×
  A buyer of goods is obligated to pay the lawful freight charges, even if the carrier erroneously applied a lower rate due to fraud or mistake, as the buyer is presumed to know the lawful rate.
• GAS Ridge, Inc. v. Suburban Agric. Props., Inc.
  150 F.2d 363· 5th Cir.· 1945-07-12 ·cited 15×
  The court held that an oil and gas lease automatically terminates upon cessation of production in paying quantities, and that certain documents did not alter this condition or prevent termination.
• Theo Hirsch v. Lincoln Sec. Co.
  118 Fla. 164· Fla.· 1934-09-10 ·cited 15×
  This case involves a dispute over lien priority in a foreclosure proceeding. The appellate court reversed a lower court's decision, reinstating a master's finding that a "dummy" corporation's mortgages were not superior to the original complainant's unrecorded mortgage.
• The J. I. Kelley Co. v. Pollock & Bernheimer
  57 Fla. 459· Fla.· 1909-01-01 ·cited 15×
  The J. I. Kelley Company appealed a chancery decree holding it liable for the unsatisfied judgments of creditors of the Jernigan Lumber Company. The court affirmed, finding that the transfer of substantially all of Jernigan's property to Kelley Company constituted a fraudulent co
• Se. Bank, N.A. v. H.P. Sapp
  554 So. 2d 1193· Fla. 1st DCA· 1989-12-13 ·cited 14×
  The court held that interests founded upon a forged instrument are void and cannot gain priority over prior valid liens, even if the holders are innocent purchasers without notice.
• Dickson v. The Ridge Realty Co.
  141 Fla. 807· Fla.· 1940-02-20 ·cited 14×
  In this specific performance case, the Florida Supreme Court held that a vendor cannot unilaterally cancel a land sale contract without providing reasonable notice to the vendee of the seller's insistence on payment, even when the vendee has defaulted on quarterly installments. T
• Reynolds v. The Fla. Cent. & Peninsula R.R. Co.
  42 Fla. 387· Fla.· 1900-06-01 ·cited 14×
  The Florida Supreme Court reversed a lower court decree that had enjoined tax collection against the Florida Central and Peninsular Railroad Company for years 1879-1881. The Court held that the railroad failed to demonstrate reasonable diligence in discovering allegedly new evide
• Saunders v. Richard
  35 Fla. 28· Fla.· 1895-01-01 ·cited 14×
  Saunders v. Richard concerns enforcement of a trust deed created in 1865 whereby William McQueen Saunders conveyed property to John C. Richard as trustee for the benefit of Saunders' wife Sophia and their children. The court reversed the dismissal of the bill of complaint, holdin
• Moseley v. Taylor
  68 Fla. 294· Fla.· 1914-11-17 ·cited 12×
  The Florida Supreme Court reversed a lower court's decision to overrule a demurrer, finding that the complainant's claim was barred by laches. The case clarifies that parties asserting homestead claims must act with reasonable diligence to protect innocent purchasers.
• Gradolph v. Ricou
  104 Fla. 237· Fla.· 1932-02-11 ·cited 11×
  The court addressed whether a purchaser of land was an innocent purchaser without notice of a prior mortgage defect. The court held that a reference in the defective mortgage to another recorded mortgage was sufficient to put the purchaser on inquiry notice of the correct propert
• Lizzie A. Lusk v. Ephraim J. Reel
  36 Fla. 418· Fla.· 1895-06-01 ·cited 11×
  In this 1895 Florida case, the court addressed whether an unrecorded deed to real property could prevail against a sheriff's sale by an execution creditor. The court held that a purchaser at a sheriff's sale acquires protection as an innocent purchaser, and an unrecorded deed doe
• Lloyd v. Chicago Title Ins. Co.
  576 So. 2d 310· Fla. 3d DCA· 1990-10-23 ·cited 10×
  An unrecorded assignment of a mortgage is not invalidated by a forged satisfaction of that mortgage, even against a subsequent innocent mortgagee who relied on the forged satisfaction.
• James Talcott, Inc. v. Assocs. Disc. Corp. & Mr. & Mrs. F. O. McConnell
  302 F.2d 443· 8th Cir.· 1962-04-18 ·cited 10×
  The court held that the distinction between a repossession and a trade-in, in the absence of evidence of prior conduct regarding trade-ins, was sufficient to prevent estoppel against the first assignee of a conditional sale contract.
• Videon et ux. v. Hodge
  72 So. 2d 396· Fla.· 1954-04-20 ·cited 10×
  In this property dispute, the Florida Supreme Court upheld a trial court's finding that a deed absolute on its face was in fact a mortgage, and that the subsequent purchasers were not innocent for value, thus allowing the original owner to redeem the property. The case illustrate
• Miami Holding Corp. v. Matthews
  311 So. 2d 802· Fla. 3d DCA· 1975-04-15 ·cited 9×
  A lost deed, once delivered, vests title in the grantee, and a subsequent quitclaim deed from the original grantor, who no longer holds title, conveys nothing.
• Nelson v. NEW Hampshire Fire Ins. Co.
  263 F.2d 586· 9th Cir.· 1959-02-11 ·cited 8×
  A purchaser who knowingly buys property from someone without title or authority to sell, and thus acquires no insurable interest, cannot recover on an insurance policy for loss of that property.
• Chapman v. Santa FE PAC. R. Co.
  D.D.C.· 1951-11-15 ·cited 7×
  The court held that the Secretary of the Interior's rejection of Santa Fe's land selections was plainly wrong and that Santa Fe was entitled to patents for the lands sold to Aztec, despite the release under the Transportation Act.
• McINTOSH v. L.H. Hough
  601 So. 2d 1170· Fla.· 1992-05-28 ·cited 6×
  The Florida Supreme Court held that innocent purchasers of property who acquired title in reliance on a fraudulent conveyance may assert an unclean hands defense against the fraudulent grantor seeking to quiet title, even though they were not the original targets of the fraud. Th
• Elfriede Eitel v. Schmidlapp
  459 F.2d 609· 4th Cir.· 1972-05-02 ·cited 6×
  The court held that the defendant was not an innocent purchaser for value because his agent's knowledge of fraud was imputed to him, and thus the plaintiff was entitled to reconveyance of the land.
• The Birkett L. Williams Co. & Humphrey Cent. Chevrolet, Inc. v. Smith
  353 F.2d 60· 5th Cir.· 1965-11-30 ·cited 6×
  The court held that plaintiffs' actions in allowing a dealer to possess and resell automobiles, without taking steps to secure their interest under Georgia law, constituted consent to the sales, precluding a trover action against the auctioneer for conversion.
• Ivey v. Dawley
  50 Fla. 537· Fla.· 1905-06-01 ·cited 6×
  In this mortgage foreclosure dispute, the Florida Supreme Court reversed the lower court's dismissal of Ivey's foreclosure bill, holding that a mortgage properly recorded in a Miscellaneous Record Book (rather than a designated Mortgage Record Book) constituted constructive notic
• City OF Cars, Inc. v. Gen. Motors Acceptance Corp.
  175 So. 2d 63· Fla. 2d DCA· 1965-04-30 ·cited 4×
  This case addresses whether a valid Ohio chattel mortgage on a motor vehicle can be enforced in Florida against an innocent purchaser under the doctrine of comity when the vehicle was moved through multiple states with intervening registrations showing no encumbrances. The court
• Auto Recovery Serv., Inc. v. Mercantile Nat'l Bank OF Miami Beach
  161 So. 2d 701· Fla. 3d DCA· 1964-03-17 ·cited 4×
  The court held that the purchaser's financier, standing in the shoes of the innocent purchaser for value, is entitled to possession of the vehicle over the dealer's financier, as the latter assumed the risk of the dealer's dishonesty under the Uniform Trust Receipts Act.
• Mun. Auto Sales, Inc. v. Ferry St. Motor Sales, Inc.
  143 So. 2d 323· Fla.· 1962-07-06 ·cited 4×
  A used car dealer that purchased an automobile with a clear Florida title certificate sought protection from a conversion claim by the prior lienholder. The Florida Supreme Court held that the dealer had a duty to investigate the vehicle's title status in the state where it was o
• Gamble v. Cornell OIL Co.
  260 F.2d 860· 10th Cir.· 1958-10-13 ·cited 4×
  The court held that Cornell and Harper were bona fide purchasers for value without notice of the unrecorded development contract, and thus were not bound by its terms.
• Smith et ux. v. Irvine et ux.
  68 So. 2d 567· Fla.· 1953-12-08 ·cited 4×
  In this interlocutory certiorari proceeding, the Florida Supreme Court reviewed whether plaintiffs could maintain an equitable action for a lien to secure damages arising from alleged fraud in the sale of a motel property. The Court held that plaintiffs' claim is legal in charact
• Phelps v. The Cecelia Ann
  199 F.2d 627· 4th Cir.· 1952-11-05 ·cited 4×
  Delay in enforcing maritime liens can constitute laches, barring recovery, especially when it prejudices an innocent purchaser.