Innocent Purchaser For Value

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

• Crimmins v. Woodson
  177 F.2d 788· 4th Cir.· 1949-11-07 ·cited 4×
  The court held that the appellant Crimmins' claims to oil and gas leaseholds were invalid due to his knowledge of prior sales and his delay in recording assignments.
• Surgi v. First Nat. Bank & Tr. Co. of Vicksburg
  125 F.2d 425· 5th Cir.· 1942-01-30 ·cited 4×
  The banks were charged with knowledge of the trust and the trustee's breach, making them liable for the trust funds, and judgment creditors who purchased property subject to the trust are also liable to the extent of the trust property they received.
• Canelacos v. Hollway
  123 F.2d 934· D.C. Cir.· 1941-11-26 ·cited 4×
  A fair auction sale of real property to an innocent purchaser for value will not be set aside due to the trustee's undisclosed interest in the debt secured by the deed of trust.
• City of Hughes Springs v. Lips
  118 F.2d 238· 5th Cir.· 1941-03-07 ·cited 4×
  The city is estopped from denying the validity of warrants issued for a building that served multiple municipal and social purposes, as the building's primary use was for city hall functions.
• Levy v. Cox
  22 Fla. 580· Fla.· 1886-06-01 ·cited 4×
  The Florida Supreme Court denied a rehearing, affirming a prior decision that the appellee was not in adverse possession at the time of the appellant's purchase. The court found the appellant's claims unsupported by the record.
• Strickland v. Motors Acceptance
  126 So. 2d 156· Fla. 2d DCA· 1960-10-26 ·cited 3×
  Florida appellants purchased an automobile that was subject to a Georgia conditional sales contract. The court upheld a conversion judgment against them, holding that Florida law requires purchasers to take affirmative steps to verify the absence of liens in other states, and tha
• HAM v. Blankenship
  194 F.2d 430· 5th Cir.· 1952-02-12 ·cited 3×
  The court held that the mineral deeds were voidable, not void, under Texas law, and therefore the appellant could not recover possession.
• Rutland v. Norris
  154 Fla. 894· Fla.· 1944-10-10 ·cited 3×
  The court held that the heirs of Florence Norris were estopped from claiming an interest in the property due to their parents' execution of a deed in blank, protecting the innocent purchaser.
• Phoenix Mortg. & Loan Co. v. Martin
  102 Fla. 1061· Fla.· 1931-09-30 ·cited 3×
  Phoenix Mortgage & Loan Company sought to foreclose a mortgage securing three promissory notes executed by J.W. Martin (an illiterate man) and his wife Emma as security for legal fees owed to attorney Moman Pruiett. The Florida Supreme Court reversed the trial court's finding tha
• Atlas Rock Co. v. Miami Beach Builders Supply Co.
  89 Fla. 340· Fla.· 1925-04-01 ·cited 3×
  Atlas Rock Company challenged a judgment creditor's attempt to levy on property transferred to it by Williams, arguing the Bulk Sales Statute did not apply to assets used in construction work rather than retail merchandise. The Florida Supreme Court reversed, holding that a tow b
• Mitrany v. Chase Fed. Sav. & Loan Ass'n
  590 So. 2d 509· Fla. 4th DCA· 1991-12-04 ·cited 2×
  Leon Mitrany purchased a condominium unit at a foreclosure sale conducted by the junior lienor (Condominium Association) after Chase Bank had already foreclosed on its senior mortgage and purchased the unit itself. The trial court granted Chase Bank post-judgment relief under Flo
• Brown & Root, Inc. v. Ring Power Corp.
  450 So. 2d 1245· Fla. 5th DCA· 1984-06-07 ·cited 2×
  Brown & Root seeks to recover a Caterpillar loader stolen from it in Texas and later purchased in good faith by Ring Power Corporation in Louisiana. The court held that Florida's public policy against allowing thieves to transfer title to innocent purchasers outweighs comity cons
• Northside Motors, Inc. v. Gen. Motors Acceptance Corp.
  255 So. 2d 560· Fla. 1st DCA· 1971-12-14 ·cited 2×
  Northside Motors purchased a used vehicle from a New York buyer who had financed it through General Motors Acceptance Corporation (GMAC). GMAC filed a financing statement in New York but did not record its lien with Florida's Motor Vehicle Commission when the vehicle was titled i
• Gelfo v. Gen. Motors Acceptance Corp.
  206 So. 2d 247· Fla. 3d DCA· 1968-01-23 ·cited 2×
  Frank Gelfo purchased a 1965 Chevrolet from John Schmidt without checking for liens, as required by Florida statute. General Motors Acceptance Corporation, which held a conditional sales contract on the vehicle, sued for the balance owed. The court affirmed summary judgment again
• Mitford v. Bankruptcy
  353 F.2d 550· 9th Cir.· 1965-10-29 ·cited 2×
  The court held that a mechanic's lien was timely filed and that a trust deed was not subject to a subordination agreement procured by fraud, affirming the lower court's judgment.
• Allen Parker Co. v. Taylor
  120 So. 2d 52· Fla. 2d DCA· 1960-04-22 ·cited 2×
  Allen Parker Company, a floor-plan financer, sought to replevin an automobile sold by its dealer client (Fitzgerald Motors) to Carl Taylor. The court affirmed summary judgment for Taylor, holding that Taylor, as a good-faith purchaser who paid value and obtained possession withou
• Lemano Invs., LLC v. RGF Athena, LLC
  390 So. 3d 154· Fla. 3d DCA· 2024-04-03
  Lemano Investments appeals summary judgment in favor of RGF Athena in a property ownership dispute. The court affirmed, holding that RGF Athena had superior title to two Miami properties that were fraudulently transferred by Frederic Henry, a manager of both companies, without au
• In re Akron-Cleveland Auto Rental, Inc. v. Akron-Cleveland Auto Rental, Inc.
  921 F.2d 659· 6th Cir.· 1990-12-18
  The court held that the lower courts erred in awarding title to the vehicles to Garretts because they failed to establish Garretts' innocence and incorrectly applied equitable principles. The court reversed the judgment and remanded for further proceedings.
• Harmony Homes, Inc. v. Zeit
  260 So. 2d 218· Fla. 1st DCA· 1972-04-06
  Harmony Homes, a mobile home manufacturer, appealed a summary judgment awarding possession to the Zeits, good faith purchasers who bought a mobile home from an intermediary dealer without receiving a certificate of title at sale. The court affirmed, holding that good faith purcha
• Finesmith v. Singer
  216 So. 2d 39· Fla. 3d DCA· 1968-11-26
  This interlocutory appeal concerns whether an assignee of a fraudster's interest in a land trust can retain that interest after the assignor's interest is forfeited due to fraud. The court held that the original owners are estopped from challenging the assignment because the assi
• Skaff v. United States Fid. & Guar. Co.
  215 So. 2d 35· Fla. 1st DCA· 1968-10-22
  Mitchell Skaff, an innocent purchaser of a stolen 1964 Cadillac, sought recovery under his fire and theft insurance policy when the vehicle was stolen again and destroyed. The court held that Skaff possessed an insurable interest in the vehicle despite its stolen status, reversin
• Gen. Fin. Corp. v. E. Lake Auto Sales Co., Inc.
  190 So. 2d 399· Fla. 1st DCA· 1966-09-27
  East Lake Auto Sales sued General Finance Corporation, Richard Starke, and Wiley Bratcher for conversion of eight automobiles purchased by Young Motors on floor plan financing. The court held that East Lake, by delivering possession of the cars and providing notarized bills of sa
• Motors Ins. Corp. v. Hamilton
  20 Fla. Supp. 161· Duval Cty. Civ. Ct. Rec.· 1962-10-29
  Motors Insurance Corporation sued to recover a stolen vehicle through replevin against Lester Hamilton, who had purchased the car with a valid Florida title certificate. The court held that a prior owner's title interest in a stolen vehicle is not extinguished by a subsequent pur
• Chandler v. J. (Jerome) O. Brown
  282 F.2d 186· 5th Cir.· 1960-09-02
  A prior state court judgment, affirmed by state appellate courts, is res judicata and bars a subsequent federal action on the same claims.
• Antone Nordling v. Carlson
  265 F.2d 507· 9th Cir.· 1958-10-17
  The court held that a subsequent purchaser who records their deed first and lacks notice of prior unrecorded conveyances is protected by the recording statute, even if the prior purchaser had some form of possession.
• Rubinstein v. Goldkind
  255 F.2d 530· D.C. Cir.· 1958-03-20
  The court held that the trial court erred in granting summary judgment because the issue of whether the payee's name was forged or if the payee was fictitious required a trial.
• Golden v. Glens Falls Indem. Co.
  250 F.2d 769· D.C. Cir.· 1957-12-12
  The court held that a surviving tenant by the entirety's innocence does not shield the property from a lien for misappropriated funds traceable to the husband's defalcations.
• Hunter v. Deaderick
  6 Fla. Supp. 36· Palm Beach Cty. Cir. Ct.· 1953-09-23
  In this 1953 case, a Florida court refused to enforce a quitclaim deed transferring the plaintiff's real estate to the defendant in exchange for $100, finding the transaction unconscionable and inequitable. The court determined the defendant held the property as security for the
• Guice v. Burrage
  156 F.2d 304· 5th Cir.· 1946-06-27
  The court held that plaintiffs' acceptance of delay rental payments after discovering the existence of mineral deeds ratified those deeds, preventing cancellation, especially when subsequent purchasers were bona fide purchasers for value without notice of the fraud.
• Coleman v. Johnson
  136 Fla. 609· Fla.· 1939-03-07
  George P. Coleman purchased property with a warranty deed from two Lodges, taking subject to a prior mortgage held by J.C. Johnson. When Johnson and his attorney John Ziegler foreclosed, Coleman paid the purchase price mortgage into court and sought to have both mortgages cancell
• Broward v. Bell
  102 Fla. 959· Fla.· 1931-09-19
  The Florida Supreme Court reversed a foreclosure decree, finding that the mortgagor had been defrauded by misrepresentations regarding the property's value and surrounding development. The court held that the mortgage, being a purchase money mortgage and not in the hands of an in