Plum v. Studebaker Bros.' Manufacturing
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. N. M. Givan, Judge. When any one holds property subject to a lien incumbrance, trust or charge, and a sale is made to a third party, a bona-fide purchaser, without notice, and the lien, thus divested, if the title is again acquired by the party in whose hands it was charged, the lien again vests. 2 Pom. Eq. Jur., p. 212, sec. 754 ; 1 Story’s Eq. Jur., p. 439, sec. 412; 2 Ponbl.
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Appeal from Johnson Circuit Court. — Hon. N. M. Givan, Judge. When any one holds property subject to a lien incumbrance, trust or charge, and a sale is made to a third party, a bona-fide purchaser, without notice, and the lien, thus divested, if the title is again acquired by the party in whose hands it was charged, the lien again vests. 2 Pom. Eq. Jur., p. 212, sec. 754 ; 1 Story’s Eq. Jur., p. 439, sec. 412; 2 Ponbl. Eq. 155; Wade on Notice, sec. 53 ; Tompkins v. Halstead, 21 Wis. 118; Allison v. Hagar, 12Nev. 38 ; Eezer ». Clifford, 59 N. EL 208; Woodbury v. Owen, 59 N. EL 22; Bteger v.…
1Opinion of the CourtBlack, J.
This is an appeal from a decree of the Johnson circuit court enjoining the defendants from selling the property in question under their deed of trust. *164On the twenty-third of April, 1879, H. C. Bettes, and Amanda, his wife, made a deed of trust to Cope'to secure a debt of nine thousand dollars due from W. H. Bettes & Company to Mary Atherton. This firm was composed of W. H. and J. J. Bettes, and they and their wives also joined in the deed which conveyed the ten or eleven’ acres of land here in question, owned by Amanda, and a storehouse and two out lots not owned by her. In March, 1881, the…
2Cases cited3 opinions
- Thompson v. HeywoodMassachusetts Supreme Judicial Court · 1880
- Anglade v. St. AvitSupreme Court of Missouri · 1878
- Tompkins v. HalsteadWisconsin Supreme Court · 1866
3Cited by18 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Sabine v. LeonardSupreme Court of Missouri · 1959
- Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
- James B. Nutter & Co. v. Taylor (In Re Taylor)United States Bankruptcy Court, W.D. Missouri · 1982
- Dorff v. BornsteinNew York Court of Appeals · 1938
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