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More against Mayhow

Nominate Series Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date10 November 1663
Date10 November 1663
CourtHigh Court of Chancery

English Reports Citation: 22 E.R. 680

THE LORD CHANCELLOR; JUSTICE TIRREL.

More against Mayhow

The Lord Chancellor; Justice Tirrel. more against mayhow. November 10 [1663]. Purchaser without Notice. The Plaintiff's Bill was to be relieved upon a Trust, and charged the Defendant with Notice of that Trust, and that he had gotten a Conveyance of the Lands upon which the Trust was had ; and that at or before his taking the said Conveyance, he had Notice of the said Trust for the Plaintiff. The Defendant, by way of Answer, denied that he had any Notice of the Trust at the Time of his Purchase or Contract, and pleaded that he was a Purchaser for a valuable Consideration. It was insisted the Plea was not good, because he did not say what the valuable Consideration was ; for 5s. was a valuable Consideration ; but yet no equitable Consideration. The Court declared that the Plea in this Case was well enough. It was further insisted, That the Plea was founded upon the Answer, viz. That the 1 CHAN. CAS. 35. GARFOOT V. GARFOOT 681 Defendant had no Notice, &c., And that the Point of Notice was not well answered, in that the Defendant denied Notice at the Time of the Purchase only, and the Word Purchase might be understood when the Contract for the Purchase was made; and it might be he had no Notice then, and...

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