Randall v. Lingwall
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. Suit by Bessie Randall and Bessie O. Randall, a minor, by Bessie Randall, her general guardian, against C. G. Ling-wall. Decree for plaintiffs. Defendant appeals. I. A court of equity acts upon the conscience, and it is upon the ground of mala fides that a purchaser for value is affected with notice of a prior claim.
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From Marion: Reuben P. Boise, Judge. Suit by Bessie Randall and Bessie O. Randall, a minor, by Bessie Randall, her general guardian, against C. G. Ling-wall. Decree for plaintiffs. Defendant appeals. I. A court of equity acts upon the conscience, and it is upon the ground of mala fides that a purchaser for value is affected with notice of a prior claim. The notice must be more than would excite the suspicion of a cautious and wary person ; it must be so clear and undoubted with respect to the existence of a prior right as to make it fraudulent in him afterwards to take and hold the property:…
1Opinion of the CourtJustice Bean
This is a suit to quiet title. The plaintiffs are the widow and daughter of O. P. Randall, who died in February, 1898. In March, 1888, O. P. Randall purchased the property in controversy, conveying it-soon after by warranty deed to his brother, T. J. Randall, which deed was duly recorded. Some time in 1891, the latter reconveyed the property to O. P. Randall. This deed was not recorded, but the grantee took possession, and, in 1893, leased the property to G. G. Gans, who continued in possession until the commencement of this suit, and who paid the rent under his lease to O. P. Randall until…
2Cases cited28 opinions
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Raymond v. FlavelOregon Supreme Court · 1895
- Dutton v. WarschauerCalifornia Supreme Court · 1863
- Thompson v. PiocheCalifornia Supreme Court · 1872
- Beatie v. ButlerSupreme Court of Missouri · 1855
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3Cited by14 opinions
- Wood v. PriceSupreme Court of New Jersey · 1911
- Harris v. HamiltonTexas Commission of Appeals · 1920
- Chamberlain v. TrammellCourt of Appeals of Texas · 1910
- Teal v. Scandinavian-American BankSupreme Court of Minnesota · 1911
- McBee v. O'ConnellNew Mexico Supreme Court · 1914
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