Parker v. Foy
Mississippi Supreme Court
Appeal from the chancery court of Lauderdale county. Watts, J. An innocent purchaser is one who has purchased for a valuable consideration, and has paid without notice. A party who has not paid, but has received notice of lien or incumbrance, can be placed in statu quo, and thus save all parties from loss ; having parted with nothing, he pays at his own peril, although he purchased and took a deed without notice. 2 Story’s Eq. Jur.
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Appeal from the chancery court of Lauderdale county. Watts, J. An innocent purchaser is one who has purchased for a valuable consideration, and has paid without notice. A party who has not paid, but has received notice of lien or incumbrance, can be placed in statu quo, and thus save all parties from loss ; having parted with nothing, he pays at his own peril, although he purchased and took a deed without notice. 2 Story’s Eq. Jur. Prud., § 1502, p. 959. The case depends on the fact of notice before payment. Florer’s answer is plainly contradicted. He says he had no notice of the $1200 note,…
1Opinion of the Court
Simrall, J.:
John Parker exhibited his bill in the chancery court, against Foy and Florer, in which he states that on the 2d of September, 1858, he sold aqd conveyed to Foy, a certain tract of land ; that on the same day, Foy made and delivered to him his five several promissory notes for $1,200, payable annually, from the first of January, 1859, respectively. All of the notes, except the last one, maturing the first January, 1864, have been paid. That on the — day of-, A. D., 1865, Foy sold and conveyed this land to Florer; that Florer had notice chat the note due first of January, 1864, was…
2Cases cited3 opinions
- Wailes v. CooperCourt of Appeals of Mississippi · 1852
- M'Ferran v. JonesCourt of Appeals of Kentucky · 1822
- The PloughboyU.S. Circuit Court for the District of Massachusetts · 1812
3Cited by28 opinions
- Hill v. ThompsonMississippi Supreme Court · 1989
- Dead River Fishing & Hunting Club v. StovallMississippi Supreme Court · 1927
- Baldwin v. AndersonMississippi Supreme Court · 1912
- Beauchamp v. McLauchlinMississippi Supreme Court · 1946
- Anderson v. ColeSupreme Court of Missouri · 1911
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