Weir v. Snider Saw Mill Co.

Citations

• 88 Ohio St. (N.S.) 424

Syllabus

<p>Sale of real estate—In partition proceeding—Is judicial sale, when— Rights of bona fide purchaser—Under Section 8543, General Code—Rule of caveat emptor—Purchaser of real estate entitled to timber standing thereon—Although timber sold previous to real estate purchase—When timber sale not filed in recorder’s office' md purchaser without notice.</p> <p>1. A sale of real estate in a partition proceeding, under order o-f the court, is a judicial sale, and a bona fide purchaser at such sale is within the protection of the provisions of Section 8543, General Code.</p> <p>2. The rule of caveat emptor, applicable to judicial sales, does not charge a purchaser at such sale with knowledge of the existence of an instrument conveying the real estate, or a part thereof, where the instrument has not been recorded or filed for record in the office of the recorder, and where the holder of the same has taken no step to put one on notice of its existence.</p> <p>3. At a sale of real estate made in a partition proceeding, under order of the court, the purchaser acquires title to the standing timber thereon, although said timber had been sold by the person from whom the parties to the partition proceeding acquired title to the real estate by descent, and said sale of timber had been evidenced by a written instrument, but where said instrument had neither been recorded nor filed for record in the office of the recorder, and where the purchaser at the sale in the partition proceeding had no notice of the sale of said timber.</p>