Bright v. Buckman
United States Circuit Court for the Northern District of Florida
In Equity. Bill for foreclosure of mortgage. In September, 1883, Elwood H. Buckman executed a mortgage to one Haynie to secure a loan of'$1,600, which, in November, 1886, Haynie assigned to complainant. This mortgage covered 400 acres of land in Sumter county, Fla.
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In Equity. Bill for foreclosure of mortgage. In September, 1883, Elwood H. Buckman executed a mortgage to one Haynie to secure a loan of'$1,600, which, in November, 1886, Haynie assigned to complainant. This mortgage covered 400 acres of land in Sumter county, Fla. In March, 1884, said Buckman executed another mortgage to one Hayes, to secure a loan of $6,000, which was assigned by Hayes to complainant in September, 1884. This mortgage covered the same 400 acres of land; certain lots therein described as in Jacksonville, eight acres of land on St. John river near Jacksonville, and two lots in…
1Opinion of the CourtToulmin, J.
“The possession of land by a third person is said to put a purchaser upon an inquiry; and he is charged with notice of all that he might have learned by a due and reasonable inquiry. A purchaser who is thus put upon inquiry is bound to inquire of the occupant with respect to every ground, source, and right of his possession. Anything short of this would clearly fail to be “due and reasonable inquiry.” 2 Pom. Eq. Jur. § 616, and note at bottom of page 55; 1 Jones, Mortg. § 601; Kerr v. Day, 14 Pa. St. 112; 2 Pom. Eq. Jur. § 607, and note at bottom of page 45; Witter v. Dudley, 42 Ala. 616.…
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