Hollowell, Kirk, & Merry, v Abney, Abney, & Kendall
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1661 |
| Date | 01 January 1661 |
| Court | High Court of Chancery |
English Reports Citation: 21 E.R. 789
COURT OF CHANCERY
S. C. 1 Chan. Rep. 178; 1 Chan. Cas. 2.
[59] hollowell, kirk, & merry, versus abney, abney, & kendall. Anno 13 Car. 2 [1661-62]. Kendall contracted with Merry to sell him certain Lands in Leicestershire ; afterwards Abney the Father, who lived near the Lands, purchased the same of Kendall, in Behalf of Abney his Son, a Merchant in London, and had a Conveyance from Kendall to Abney the Son and his Heirs. The Plaintiff Merry exhibited his Bill.to be relieved upon his Contract with Kendall, and against the Conveyance to Abney, and charged Notice of this Contract to both the Abneys. Abney the Son pleaded, That he was a Purchaser bona fide for a valuable Consideration, without any Notice of Kendall's Contract with Merry, and without any Trust for his Father. The Court declared, That in this Case Notice to the Father was Notice to the Son, and should affect him tho' a Purchaser; for Notice of a dormant...
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