Lombard v. La Dow

Citations

• 126 F. 119
• 60 C.C.A. 667
• 1903 U.S. App. LEXIS 4290

Syllabus

<p>1. Vendor and Purchaser — Title of Purchaser — Constructive Notice of Invalidity.</p> <p>A purchaser of real estate, in reliance on the record title, who deraigns title to a portion of the property through a guardian’s sale made under an order of court, where the record disclosed an outstanding mortgage covering the entire property, executed prior to the guardian’s sale, but in which the purchaser thereat joined, although having at the time no interest, was charged with notice of the irregularity of the transaction. and put upon inquiry as to the real condition of the title; and where the proceedings for the sale by the guardian were in fact fictitious and void, being designed merely to circumvent the law prohibiting the mortgaging of a minor’s property, such purchaser was not protected by the record as a bona fide purchaser, and took no title as against the minor.</p>