Sensenderfer v. Kemp

Citations

• 83 Mo. 581

Syllabus

<p>1. Land : equitable title. Where one intended to and did locate certain government land and received a duplicate certificate of entry and went into possession, he will be held to have the equitable title, although in his original application the land was misdescribed.</p> <p>2. Equity : land and land titles. Where the legal title to land has passed from the United States to one but it ought to go to another, a court of equity will declare the holder of the legal title a trustee and compel a conveyance to the partv having the paramount equity.</p> <p>3. Legal Title : knowledge oe equitable ti^le. Where one has the equitable title to land and another obtains the legal title with knowledge of such equitable title, the former has the superior equity and the latter will .be held to hold such legal title in trust for him, and under the statute of this state may be divested of such legal title without a conveyance.</p> <p>4. Constructive Notice : deeds. One is not charged with constructive notice of deeds of record when he does not claim by or through them.</p> <p>5. Actual Notice : adverse claim. Notice of an adverse claim of title to land is actual when the purchaser either knows of its existence, or is conscious of having the means of knowledge, although ( he may not use them.</p> <p>6. The Judgment not reversed under the circumstances of this case because of defect of parties.</p>