McAdow v. Wachob
McAdow v. Wachob
Opinion of the Court
This'cause is submitted here upon abstracts of the record that are not excepted to and that are therefore admitted to be a true expose’ of the ranscript of record. This abstract is so disjointed and meager as to make it almost impossible for the court to glean from it enough to base an intelligent disposition of the cause upon. From it, however, we gather the following facts: On the twenty-seventh day of June, Í898, McAdow, the appellant, filed bis bill in equity in the Circuit Court of DeSoto county against Wacliob, the appellee, praying that the latter might be restrained and enjoined from selling a tract of land therein described under a judgment recovered by the latter against one Leland T. Hayman; that in January, 1898, appellant loaned Hayman $4,000, and took a mortgage on said land to secure the payment. On April 1st, 1898. Hayman, not being able to care for the property which was deteriorating in value from neglect, sold it to McAdow, the mortgagee, in consideration of his mortgage debt and the additional sum of $500, then paid to Hay-man, and McAdow then took possession of the property and at once expended $800 in improving it, but the deed of conveyance to McAdow was not executed until May 26th, 1898. On April 18th, 1898, Wachob recovered judgment against Hayman for $900 (where or in what court does .not appear), and on the twenty-third of April, 1898,
The court-below erred in granting the order dissolving We injunction upon the'pleadings and report of the masbr without notice to the complainnant, and without affording the complainant an opportunity to except to the master’s report and findings, and without an opportunity
Reference
- Full Case Name
- Perry W. McAdow v. B. A. Wachob
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- EQUITY PRACTICE — DISSOLVING INJUNCTION WITHOUT NOTICE — POSSESSION OF LAND AS NOTICE OF OCCUPANT’S ESTATE. 1. It is error for the court to dissolve an, injunction upon the pleadings and testimony, and findings of a master on the same day that the master’s report is filed, without notice of the hearing of the application for dissolution, and without affording the parties an opportunity to except to the master’s report. 2. If a- party in .good faith loans another money with which to purchase a tract of land, taking a mortgage upon such land to secure the loan, and subsequently purchases the mortgaged land in good faith from the mortgagor in consideration of the mortgage debt and an additional sum of money in cash, and in pursuance of such purchase immediately goes into the actual, open, notorious and exclusive possession of such land as the purchaser and vendee thereof, and all this transpires prior to the rendition of a judgment against the mortgagor in favor of a third party, such judgment under these circumstances, upon a bill filed in eauity by such purchaser to restrain a sale of the land to satisfy such judgment, should be held to be subordinate to the prior acquired equitable estate in the land of such mortgagee purchaser, notwithstanding the fact that the purchasing mortgagee did not acquire the-legal title in the shape of a formal deed until after the rendition of such judgment. Such judgment creditor is charged with notice by such prior possession of the premises by such purchaser of his equitable estate in the land.