Baldwin v. Anderson

Citations

• 103 Miss. 462
• 60 So. 578

Syllabus

<p>1. Vendor and Purchaser. Innocent purchaser for value. Courts. Rules of decision. Dicta. Notice of defects in title. Chain of title.</p> <p>While it is the general rule, that possession of land by one claiming some interest therein, is notice to the world of the character and extent thereof, a well defined exception to this rule is that possession of land with claim of interest therein by a grantor thereof is not, after the recording of the deed executed by him, notice to an innocent purchaser for value from his grantee of his claim of an interest therein.</p> <p>2. Courts. Rules of decisions. Dicta.</p> <p>A court’s expression of opinion upon a point actually involved in the ■ issues and properly before it for determination, is not mere dictum although the actual judgment in the case is ultimately rested upon some other ground or grounds.</p> <p>3. Vendor and Purchaser. Notice of defects in title. Innocent purchaser.</p> <p>Inadequacy of consideration, whether in the deed to the purchaser, or in the deed to this grantor, is material in ascertaining whether a purchaser shall be charged with constructive notice of defects in title; and the fact that such consideration is grossly inadequate may under some circumstances alone be sufficient to charge a purchaser with notice of defects in the title.</p> <p>4. Bona Fide Purchaser. Notice. Claim of title.</p> <p>A vendee of lands claiming to be an innocent purchaser for value without notice is presumed to know the contents of a deed in his grantor’s chain of title.</p> <p>5. Vendor and Purchaser. Innocent-purchaser for value. Notice.</p> <p>Whatever is enough to excite attention, or put a party on inquiry, is notice of everything to- which such attention or inquiry might reasonably lead.</p>