Price v. Ward
Nevada Supreme Court
Appeal from the Second Judicial District Court, Washoe County; B. F. Curler, Judge. Action by Albert P. Price, as administrator of the estate of William E. Price, deceased, against M. E. Ward. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion. I. Smith and TIilton were not bona fide purchasers because they had notice of all facts relating to Price’s claim.
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Appeal from the Second Judicial District Court, Washoe County; B. F. Curler, Judge. Action by Albert P. Price, as administrator of the estate of William E. Price, deceased, against M. E. Ward. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion. I. Smith and TIilton were not bona fide purchasers because they had notice of all facts relating to Price’s claim. The mortgage which Price gave to Ward had never been satisfied or discharged of record, and, when Smith and Hilton purchased from Ward, the undischarged and unsatisfied mortgage was constructive…
1Concurrence
The record in this case shows conclusively that Smith and Hilton, the purchasers from Ward of the land conveyed by Price in the deed intended as a mortgage, had actual notice of the equities of Price in the land so conveyed; and it is well settled that a purchaser who has knowledge that his grantor is holding the land under a deed absolute on its face, but intended as a mortgage, obtains no greater or better estate than his grantor. (Houser v. Lamont, 55 Pa. St. 311;Radford v. Folsom, 58 Iowa, 473;Kuhn v. Rumpp, 46 Cal. 299;Graham v. Graham, 55 Ind. 23;Smith v. Knoebel, 82 Ill. 392;Jenkins v.…
2Cases cited8 opinions
- Meehan v. . ForresterNew York Court of Appeals · 1873
- Graham v. GrahamIndiana Supreme Court · 1876
- Enos v. SutherlandMichigan Supreme Court · 1863
- Radford v. FolsomSupreme Court of Iowa · 1882
- Halsey v. MartinCalifornia Supreme Court · 1863
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