Forman v. Thomas
Forman v. Thomas
Opinion of the Court
In Barden v. Grace, 167 Ala. 453, 52 South. 425, Ann. Cas. 1912A, 537, a situation somewhat analogous to that here presented is found. It was there held that a deed without a grantee named therein is void, and further that subsequent innocent purchasers are not protected by such void deed — making a distinction between deeds that are absolutely void and those that are voidable merely. In our opinion the Barden Case was direct application here.
If complainant has been guilty of any conduct which would work an estoppel, or if there is anything that would afford any protection to an innocent purchaser, it clearly does not appear from the face of the bill; and the averments thereof, in our opinion bring the case squarely within the influence of the above cited authority.
Under these allegations, therefore, the respondent Forman is not protected as an innocent purchaser. The following authorities may also be cited in this connection: Note to Guthrie v. Field, 37 L. R. A. (N. S.) *293 326; Westlake v. Dunn, 184 Mass. 260, 68 N. E. 212, 100 Am. St. Rep. 557; note to Barden v. Grace, Ann. Cas. 1912A, 537; Allen v. Withrow, 110 U. S. 119, 3 Sup. Ct. 517, 28 L. Ed. 90; 13 Cyc. 591; note to Burgess v. Blake, 86 Am. St. Rep. 78; Hollis v. Harris, 96 Ala. 288, 11 South. 377; Pence v. Arbuckle, 22 Minn. 417; Taylor v. Davis, 72 Mo. 291.
We are of the opinion the demurrers to the bill were properly overruled, and the decree will be accordingly affirmed.
Affirmed.
Reference
- Full Case Name
- FORMAN Et Al. v. THOMAS
- Cited By
- 6 cases
- Status
- Published