Legal Opinion

Parker v. Foy

Mississippi Supreme Court

Decided May 15, 1870PublishedCited by 28 opinions

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

  1. Wailes v. CooperCourt of Appeals of Mississippi · 1852
  2. M'Ferran v. JonesCourt of Appeals of Kentucky · 1822
  3. The PloughboyU.S. Circuit Court for the District of Massachusetts · 1812

3Cited by28 opinions

  1. Hill v. ThompsonMississippi Supreme Court · 1989
  2. Dead River Fishing & Hunting Club v. StovallMississippi Supreme Court · 1927
  3. Baldwin v. AndersonMississippi Supreme Court · 1912
  4. Beauchamp v. McLauchlinMississippi Supreme Court · 1946
  5. Anderson v. ColeSupreme Court of Missouri · 1911

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