Lamar's Ex'or v. Hale

Citations

• 79 Va. 147
• 1884 Va. LEXIS 72

Syllabus

<p>1. Purchasers for Value without Notice—Essentials to this defence.—■ To maintain this defence alienees must aver and prove, (1), that they are purchasers for valuable consideration ; (2), that the consideration has been actually paid; (3), that they have received, or are best entitled to receive conveyance of the property, and (4), that those essentials-all occurred prior to their having notice of the adverse claim.</p> <p>2. Idem—Idem—Onus probandi.—Burden of establishing first three essentials rests on alienees; and to affect them with notice of his adverse claims, rests on claimant. k</p> <p>3. Idem—Charges—Caveat Emptor.-—Under doctrine of caveat emptor purchasers are as much affected by implied, as by express charges on the purchased property. Downman v. Rust, 6 Rand. 587.</p> <p>4. Idem—Sufficient notice—Settled doctrine.—Notice to affect purchasers for value with charges on property purchased, may be actual or constructive. Whatever suffices to put purchaser on an inquiry which should lead to discovery of charge, is constructive notice. Wood v. Krebbs, 30 Gratt. 715.</p> <p>5. Idem—Confidential relations.—Partners, agents and others in confidential relations, can acquire the property of the firm, &c., only for the benefit of the firm, &c ; and purchasers from them, charged with notice of the facts, occupy no better position than their vendors.</p> <p>6. Mining Partnerships— Their peculiarities.—The distinctive feature of such partnerships is the absence of the “ dilectus personarumf which characterizes ordinary partnerships, Dissolution is not the ipso facto result of the transfer of one member’s share to another person. Hence its membership is changeable and uncertain. Only the parties are affected by decrees and judgments against it. All persons dealing with it are bound to take notice of its peculiarities.</p> <p>7. Decrees and Judgments—When not conclusive.—All presumptions must be made in favor of the jurisdiction of courts of general jurisdiction. Bu