Jackson and Wife v Rowe
| Jurisdiction | England & Wales |
| Judgment Date | 01 February 1826 |
| Date | 01 February 1826 |
| Court | High Court of Chancery |
English Reports Citation: 57 E.R. 427
HIGH COURT OF CHANCERY
S. C. on appeal, 4 Russ. 514; 38 E. R. 899; 9 L. J. Ch. (O. S.) 32.
Pleading. Purchaser for Valuable Consideration without Notice.
a SIM. & ST. 2, JACKSON V. BOWE 427 [472] jackson and wife v. eowe. Feb. 1, 1826. [S. C. on appeal, 4 Russ. 514 ; 38 E. R. 899; 9 L. J. Ch. (0. S.) 32.] Pleading. Purchaser for Valuable Consideration without Notice. A plea of purchase for valuable consideration, without notice, is no protection against an adverse claim which the purchaser might have had notice of, by using due diligence in investigating the title. The bill stated indentures of lease and release, dated in September 1789, by which the late father and mother of the Plaintiff, Mrs. Jackson, limited an estate to the use of the father for life, remainder to the mother for life, remainder to one or more of their children as they, jointly, or as the survivor of them, should appoint; that by an indenture, dated in July 1799, reciting the indentures of September 1789, and that the father was dead without having joined with the mother in exercising the power, the mother, in exercise of the power given to her by the indenture of release, appointed the estate to the use of the Plaintiff, Mrs. Jackson, in fee; that, at the time of the execution of the appointment, Mrs. Jackson lived with her mother, and continued so to do until the year 1801, when her mother intermarried with the late father of the...
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