Chumasero v. Vial
Montana Supreme Court
Appeal from Third District, Lewis and Cla/rke County. This action was tried by Wade, C. J., without a jury. The appellants were bona fide purchasers without notice of any outstanding equities between Turner and Yial. The secret trust between these persons cannot affect appellants, who in law and equity are entitled to protection against it.
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Appeal from Third District, Lewis and Cla/rke County. This action was tried by Wade, C. J., without a jury. The appellants were bona fide purchasers without notice of any outstanding equities between Turner and Yial. The secret trust between these persons cannot affect appellants, who in law and equity are entitled to protection against it. Perry on Trusts, § 218 ; Prevo v. Walters, 4 Scam. 35 ; Moore v. Hunter, 1 Gilm. 317 ; Martin v. Dryden, id. 187. A purchaser in good faith is one who has advanced the consideration of the purchase, or a creditor, who applies the purchase-money in payment…
1Opinion of the CourtBlae'e, J.
The appellants bring this action in the nature of ejectment to recover the possession of certain mineral land. The complaint alleges th.at the title of the appellants is based upon their purchase of the property at a sale thereof by the sheriff of Jefferson county, Montana Territory, by virtue of an execution issued in favor of C. 3L Peek and against J. A. Yial. No question arises respecting the validity of the judgment obtained by Peck against Yial, and the proceedings under the execution. Yial and D. C. Turner, two of the respondents, stated in their answers that Turner owned the property…
2Cases cited2 opinions
- Gates v. SalmonCalifornia Supreme Court · 1873
- Mathews v. KinsellCalifornia Supreme Court · 1871
3Cited by16 opinions
- State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
- Barden v. Montana ClubMontana Supreme Court · 1891
- Emerson v. Eldorado Ditch Co.Montana Supreme Court · 1896
- Story v. BlackMontana Supreme Court · 1883
- Alder Gulch Con. Mining Co. v. HayesMontana Supreme Court · 1886
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