Mackay v. Gabel

Citations

• 117 F. 873
• 1902 U.S. App. LEXIS 5147

Syllabus

<p>1. Vendor and Purchaser—Bona Fide Purchaser—Valuable Consideration.</p> <p>To constitute one a bona fide purchaser of real estate, entitled to protection in his legal title as against the equitable owner, the payment of a valuable consideration is essential; and a consideration which, although monetary, is merely nominal, when compared with the known value of the property, is not a valuable one, such as to give the grantee-standing in a court of equity as a bona fide purchaser, but, on the contrary, raises an irresistible inference of bad faith.</p> <p>2. Parties—Suit to Cancel Deed—Necessity of Joining Grantor.</p> <p>The grantor in a deed is not an indispensable party to a suit by a third person, claiming to be the equitable owner, to set the deed aside, and to establish complainant’s title to the property, where it is admitted in the pleadings of both parties that such deed conveyed to the defendant all of the grantor’s right, title, and interest.</p> <p>8. Same—Equity—Dispensing with Parties.</p> <p>A federal court of equity will not refuse to grant relief because of the nonjoinder as a defendant of a person who is out of the jurisdiction, where it appears that, while a proper party, he has no interest in the subject-matter of the controversy which will be affected by a decree between the parties.</p>