38 F. 65 | U.S. Circuit Court for the District of Eastern Missouri | 1889
In addition to the motion heretofore decided hy me,
A second ground of demurrer is that the answer does not show that the creditor was himself the purchaser. This is immaterial. If the suit was at the instance of a then existing creditor, and that suit jmssed into judgment, execution, and sale, the person purchasing succeeds to all the rights that the creditor would have acquired if he had purchased.
The 'third ground is that whatever rights the defendant had to set aside the conveyance to plaintiff from her father, it has lost by a lapse of time, and that no affirmative relief could be granted to it in an independent suit. But the defendant Is not asking any affirmative relief. It has an equitable title and possession, and .may rest safely on that for all time. If I, owning land by full legal title, make a contract to sell at a price to be paid thereafter, and the purchaser enters into possession, and .pays the. price, although I execute no deed, and the legal title remains, in me, still the purchaser can always interpose his full equitable title as a perfect defense to any action I may institute. It is not necessary that he should in the first instance have taken action to place the legal title in himself. I think the demurrer must be overruled.
37 Fed. Rep. 663.