Brophy Mining Co. v. Brophy & Dale Gold & Silver Mining Co.
Nevada Supreme Court
Appeal from the District Court of tbe First Judicial District, Storey County. Tbe facts sufficiently appear in tbe opinion. I. As to wbat constitutes a bona fide purchaser, counsel cite tbe following authorities. (2 Story Eq. Jur., secs. 1282, 1502; 2 Lead. Cas. Eq. 36, 43, 63, 73, 80, 82; Union Canal Co. v. Young, 1 Whart. 432; Jaclcson v. Summerville, 13 Pa. St. 359; Story Eq. PI., sec. 604a; 3 Serg. & B. 422-432; 32 Mass. 87.) II.
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Appeal from the District Court of tbe First Judicial District, Storey County. Tbe facts sufficiently appear in tbe opinion. I. As to wbat constitutes a bona fide purchaser, counsel cite tbe following authorities. (2 Story Eq. Jur., secs. 1282, 1502; 2 Lead. Cas. Eq. 36, 43, 63, 73, 80, 82; Union Canal Co. v. Young, 1 Whart. 432; Jaclcson v. Summerville, 13 Pa. St. 359; Story Eq. PI., sec. 604a; 3 Serg. & B. 422-432; 32 Mass. 87.) II. Tlie money must be wholly paid before notice. (Bump on Fraud. Con. 477; Wade on Notice, secs. 60, 93; Willard’s Eq. Jur. 256, 609; 1 Perry on Trusts, secs.…
1Opinion of the Court
By the Court,
Hawley, J.:
This is an action of ejectment.
Both parties deraign title to the mining claim in contro-. versy from one William Brophy. The material facts are as follows:'
On the fifteenth day of September, 1874, Brophy being then the owner and in possession of the mining ground, executed and delivered to M. C. Sullivan a quitclaim deed for said premises.
This deed, though absolute in form, was intended as a mortgage to secure an existing indebtedness, then due and owing from said Brophy to said Sullivan, and to secure said *105Sullivan for any future indebtedness that might thereafter…
2Cases cited12 opinions
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- Crassen v. SwovelandIndiana Supreme Court · 1864
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