Hogle v. Lowe
Nevada Supreme Court
Appeal from the District Court of the Ninth Judicial District, Elko County. The facts appear in the opinion of the court. I. The burden of the defense of being a bona fide purchaser without notice of equities rests upon the purchaser. There is no presumption in his favor, and he is required to prove affirmatively that he purchased without notice. (Gallatain v. Enoin, Hopkins’s Ch., 48; Longv. Dollar hide, 24 Cal. 227; Ooltonv.
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Appeal from the District Court of the Ninth Judicial District, Elko County. The facts appear in the opinion of the court. I. The burden of the defense of being a bona fide purchaser without notice of equities rests upon the purchaser. There is no presumption in his favor, and he is required to prove affirmatively that he purchased without notice. (Gallatain v. Enoin, Hopkins’s Ch., 48; Longv. Dollar hide, 24 Cal. 227; Ooltonv. Seavey, 22 Cal. 496; Landers v. Bolton, 26 Cal. 419; Laiuton v. Gordon, 34 Cal. 38; Id., 37 Cal. 205; authorities cited in respondents’ brief in Scott v. Umbarger, 41…
1Opinion of the Court
*290By the Court,
Leonard, J.:
Plaintiffs brought this action to foreclose a certain mortgage, set out in their complaint herein, given by defendant Lowe to one N. D. Smith, upon an undivided one-half interest in lot 7, in block E, in the town of Wells, Elko county, and by Smith transferred to plaintiff, for a valuable consideration. Lowe made default, but defendant Griswold answered and defended, upon the ground that, at the time the mortgage was made, the premises described therein were the copartnership property of the firm of Lowe & Griswold, of which firm defendant Lowe was a member; that said…
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- Frink v. BranchSupreme Court of Connecticut · 1844
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