Maryland Land & Permanent Homestead Ass'n v. Moore

Citations

• 80 Md. 102
• 30 A. 605
• 1894 Md. LEXIS 104

Syllabus

<p>Vendor’s Lien — Trustee—Bona fide Purchaser — Notice.</p> <p>A trustee made an absolute conveyance of part of the trust property by a deed reciting the full payment of the purchase money when only a part of the same was in fact paid. The vendee conveyed the property to the defendant corporation which paid the consideration. Upon a bill filed by a substituted trustee to enforce a vendor’s lien against the defendant, Held, that although the trustee was guilty of a breach of trust in making such conveyance, yet the defendant was not liable, unless it had notice when the property was bought, that part of the purchase money was still owing from its vendor to the Trustee.</p> <p>Upon the facts of this case, it was held that neither the defendant nor its attorney had notice that part of the purchase money of the land was due from its vendor to the trustee, and that the defendant was consequently a bona fide purchaser without notice of the breach of trust.</p>