Digman v. McCollum
Supreme Court of Missouri
Appeal from Livingston Court of Common Pleas. I. Malkin’s bond to Young gave Young an equity in the property. (Wagn. Stat. 277, §§ 24-26; Truesdale v. Callaway, 6 Mo, 605; Woodward v. Yan Hay, 45 Mo. 800.) II. Respondent made two purchases of the property: one of Williams’ equity, and the other of the legal title from Malkin. His purchase of Williams’ equity was accompanied by the actual possession of the bond from Malkin to Young, and by Young assigned to Williams.
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Appeal from Livingston Court of Common Pleas. I. Malkin’s bond to Young gave Young an equity in the property. (Wagn. Stat. 277, §§ 24-26; Truesdale v. Callaway, 6 Mo, 605; Woodward v. Yan Hay, 45 Mo. 800.) II. Respondent made two purchases of the property: one of Williams’ equity, and the other of the legal title from Malkin. His purchase of Williams’ equity was accompanied by the actual possession of the bond from Malkin to Young, and by Young assigned to Williams. From this he had actual notice of the source of Williams’ title, and, by the record of the deed of trust given by Williams for…
1Opinion of the CourtCurrier, Judge
This is a proceeding by petition in equity to divest the defendant of title to the premises described in the petition, and to vest the same in the plaintiff. The case discloses the following facts : In May, 1868, one Malkin, who was then the owner, bargained the premises to one Young, executing to him the usual title bond, and taking from him the latter’s note at two years for the purchase money. Young subsequently assigned the bond to one Williams, who, for a valuable consideration, sold and delivered it to the defendant, Williams at the time being in possession. The defendant thereupon paid…
2Cases cited5 opinions
- Parkist v. AlexanderNew York Court of Chancery · 1815
- Henry v. Davis & ClarkNew York Court of Chancery · 1823
- Attorney General v. PurmortNew York Court of Chancery · 1836
- Crockett & Risque v. MaguireSupreme Court of Missouri · 1846
- Whitney v. BuckmanCalifornia Supreme Court · 1859
3Cited by14 opinions
- McQuade v. WilcoxMichigan Supreme Court · 1921
- Gross v. WattsSupreme Court of Missouri · 1907
- Jennings v. SparkmanMissouri Court of Appeals · 1890
- Edwards v. McKernanMichigan Supreme Court · 1885
- Tydings v. PitcherSupreme Court of Missouri · 1884
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