Freeman v. Tucker

Citations

• 79 Fla. 402
• 84 So. 174

Syllabus

<p>1. Where the vendor after the contract conveys the land to a purchaser who takes with notice of the contract or who does not part with a valuable consideration, such grantee holds the land as a constructive trustee and is a necessary party in a suit to enforce specific performance.</p> <p>2. A court of equity will not entertain jurisdiction where the sole object of the bill is to obtain compensation for the breach of the contract except where the contract is of an equitable nature, when the complainant knew the defendant had conveyed the land; but the rule is otherwise when the complainant at the time of the filing of his bill did not know the land had been conveyed.</p> <p>3. A bill for spefiie performance setting up fraud in the conveyance to a third party and not making the third party a defendant in such a proceeding is demurrable for want of necessary party.</p>