Dick v. Doughten

Citations

• 1 Del. Ch. 320

Syllabus

<p>The equitable defence of a purchase of land for valuable consideration, without notice, may be made by answer as well as by plea ; but such defence, when made by answer, must be alleged with the same fullness and precision as is required in a plea</p> <p>It is not sufficient that in the answer it be stated only by way of recital, in connection with the statement of title, that the defendant purchased for a valuable consideration and without notice. The matter should be alleged, separately and distinctly from the statement of title; and insisted upon as a bar to th'e equity of the bill.</p> <p>It is not sufficient to allege generally that the defendant purchased for a valuable consideration ; but it must be specifically alleged of what the consideration consisted.</p> <p>In the present case the statement by the answer that the defendant gave “ a full, fair and just price for said tract of land without any notice, knowledge or belief that there existed any defect in the title of the same, or that the said tract of land was liable to any claim or demand of dower by the said M. D. (the complainant) or of any other person,” is not sufficient (if expepted to) as a plea of purchase for a valuable consideration, without notice. But such an answer or plea, if not excepted to, will be taken as sufficient.</p> <p>Under the defence of a purchase for value and without notice, the onus of proof is on the defendant. The acknowledgment in the deed .of the receipt of a consideration is not evidence to support such a defence.*</p> <p>■A plea of purchase for value and without notice is a bar only against an equitable and not against a legal claim. It is no bar against a bill for the assignment of dower, that being a legal title.</p> <p>Upon a decree for the assignment of dower against a purchaser of land from the deceased husband and for an account of rents and profits, the purchaser is liable only for rents and profits which accrued subset quent to the date ot his purchase. To sup