121 Va. 679 | Va. Ct. App. | 1917
delivered the opinion of the court.
The appellees filed their bill in the Circuit Court of Russell county, Virginia, in November, 1910, alleging that they had judgments against one J. F. Porter, which constituted liens upon three tracts of land held by the appellant, A. M. Vicars, who had bought it in 1907 under decrees of the Circuit Court of Wise county entered in another chancery suit instituted in 1896 by the Weisiger Clothing Company, one of the appellees here, subjecting the same lands to the lien of its judgment against one John W. Bates.
The bill in the Wise county case alleged that the land had been conveyed to Mary Bates, the wife of John W.
The circuit court decreed in favor of the appellees, and held that the judgments against Porter were liens upon this land.
1. The appellant alleges that he is an innocent purchaser of the said tracts of land for value and without notice of the alleged fraudulent conduct of J. F. Porter and Martha J. Porter his wife.
In Moore and Others v. Sexton’s Ex’or, 30 Gratt. (71 Va.) 505, it is held that if a judgment debtor purchases land and procures, it to be conveyed to another, and that other conveys it in trust to secure a bona fide debt, that creditor being ignorant that the judgment debtor had furnished the purchase money, the judgment creditor has no
In Rorer Iron Co. v. Trout and Wife, 83 Va. 397, 2 S. E. 713, 5 Am. St. Rep. 285, it is held that purchasers for value without notice are not affected by latent equities; 'and grantees from such purchasers stand in the same position as their grantors, although such grantees were affected with notice at the time of the grant.
In Snyder v. Grandstaff, 96 Va. 477, 31 S. E. 648, 70 Am. St. Rep. 863,- Judge Cardwell says this: “A purchaser for value and without notice is not affected by any latent equity. A mutual mistake stands on the same footing as any other equity. Kerr on Fraud and Mistake, page 436, specifically lays this down as to mistake: ‘As against a bona fide purchaser for value without notice, no relief can be had in equity.’ Almost the same words are used in Pomeroy on Equity, section 776. But the case of Carter v. Allan, 21 Gratt. (62 Va.) 241, and on this point it is cited with approval in Rover Iron Co. v. Trout, supra, is directly in point. ‘The doctrine that the courts of equity will not grant relief against bona fide purchasers without notice has always been adhered to as an indispensable muniment of title. It is wholly immaterial of what nature the equity is, whether it is founded on a lien or encumbrance, or trust, or a fraud, or any other claim; for a bona fide purchaser of the estate for a valuable consideration without notice purges away
The doctrine is reiterated in Rhea v. Shields, 103 Va. 312, 49 S. E. 70, and in Va. Iron Co. v. Bond, 111 Va. 319, 68 S. E. 1005, and cannot be controverted.
These cases are conclusive, for there is neither allegation nor proof that John W. Bates or Mary Bates, under whom Vicars, the appellant, claimed, or Vicars himself, at the time he completed his purchase had any notice whatever that J. F. Porter, the judgment debtor ever had any equitable interest in or claim to the property. The evidence submitted as to the fraud upon Porter’s creditors, if promptly presented, might have been sufficient to have shifted the burden of proof to him, but presented as it is twenty years after the occurrences referred to, after Porter has been a fugitive from justice for many years, and, according to one witness, is now dead, is utterly insufficient to support the decree, against an innocent purchaser for value without notice. v
2. It is also true, as to the appellee, the Weisiger Clothing Company, that it is estopped to deny the validity of the sale to the appellant. In the former suit in Wise county it alleged that the property belonged to John W. Bates. It received the benefit of that litigation and applied the proceeds of the sale to the satisfaction of its judgment against Bates and is hence precluded from assuming an inconsistent position in this suit to the prejudice of Vicars, the purchaser under decrees in the former suit. Rhea v. Shields,
From every point of view the decrees are erroneous, and this court will dismiss the bill.
Reversed.