Bluefield National Bank v. Bernard
West Virginia Supreme Court
1Opinion
Since writing the above opinion I find in Vol. 2 Jones on Mortgages, p. 431, this statement: "By the weight of authority, a subsequent assignee of the mortgage or a subsequent purchaser or mortgagee of the mortgaged premises, taking in good faith and for value in reliance upon the mortgagee's apparent ownership and discharge of the security is protected against the claims of a prior assignee of which he had no knowledge." Cited in support of the text is Williams v. Jackson, and numerous cases from seventeen states. In addition thereto may be cited Porter v. Stuart, 227 F. 840, and Re Buchner,…
2Cases cited4 opinions
- Vann v. MarburySupreme Court of Alabama · 1893
- Ayers v. HaysIndiana Supreme Court · 1877
- Porter v. StuartCourt of Appeals for the Fifth Circuit · 1915
- Illinois Nat. Bank v. SummersCourt of Appeals for the Seventh Circuit · 1913