57 Fla. 393 | Fla. | 1909
On May 1, 1905, Gaston Drake filed in the Circuit Court for Dade county a bill of complaint alleging in effect the purchase by him of certain described land from J. C. Henderson through his agent, E. A. Waddell, and the payment to Waddell of the entire purchase price, the subsequent conveyance of the land by Henderson to Brady as the result of fraud participated in by Brady with knowledge of Drake’s rights in the premises. The prayer is that a trust in favor of complainant be decreed, for a conveyance and accounting to complainant and for other appropriate relief. A demurrer to the bill of complaint was overruled. Brady answered and testimony was taken by an examiner. The bill of complaint was dismissed on final hearing and the complainant appealed.
It appears that the land was owned by J. C. Henderson of Troy, Alabama, and is located in the City of Miami, Florida, and that Brady was a tenant from month fo month and conducted a store in the building on the
The agreement of -Drake to purchase the property and the payment of $100 to Henderson’s authorized agent to bind the sale, and the subsequent payment to the agent of .the full purchase price gave Drake a right to a conveyance of the property, and as Brady took title from Henderson with full knowledge of Drake’s rights and with an express reservation of Drake’s claim against the property, Brady is bound to comply with Drake’s demands within his rights. Brady stands in Henderson’s place and holds the legal title subject to Drake’s equity. Drake’s failure to take the deed offered to him was not under the circumstances an abandonment of his rights to a conveyance of the property. Drake admits that when he paid the purchase price he “was satisfied with the title,” but that was two weeks before: and in view of the unusual verbiage of the deed Drake was clearly entitled to a reasonable time to examine the deed and Henderson’s title, particularly as Henderson’s agent had receipted for the full purchase price two weeks before. The deed was really a full warranty conveyance and upon examination Drake asked for it to be returned to him. This was reasonable under the circumstances and should have been complied with. If Brady had any equities they were not superior to Drake’s and Brady took title with full knowledge of and expressly subject to the rights and claims of Drake in the property.
One purchasing property with notice that the grantor
The decree is reversed and the cause is remanded with directions to enter a decree in accordance with the principles herein announced.