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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 488   View pdf image (33K)
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488 HIGH COURT OF CHANCERY.
agreement has been filed, which, as between him and the
plaintiffs, must govern the case.
[The Chancellor then passed an order dissolving the injunc-
tion, and discharging the receiver.]
WALLIS, for Complainants.
DULANY, for Defendants.
MARY BINGGOLD
vs. SEPTEMBER TERM, 1860.
VALENTINE BRYAN ET AL.
[VECTOR'S LIEN—CHANCERY PRACTICE—EVIDENCE—NOTICE.]
A VENDEE who has sold the land, is a competent witness for his vendor in
a proceeding by the latter against the purchaser io enforce the vendor's
lien, to show that the purchaser had notice of such lien.
I Whatever is sufficient to put a party upon inquiry, is good notice in equity.
The fact that complainant was in possession of part of the premises pur-
chased, is sufficient to put the purchaser upon inquiry; and if he neglects
to inform himself of the nature of complainant's rights, he must take the
consequences of big neglect.
The averment that his vendor was at the time of the execution of the con-
veyance, seized or pretended to be seized, and was in possession of the
premises conveyed, is indispensably necessary to a plea by a defendant
that he is a bona fide purchaser without notice.
The complainant, who was the original vendor of the land, was in possession
of part of it, when it was purchased from her vendee. HELD—That this
was sufficient to put the purchaser upon inquiry as to all the terms and
conditions of the contract between the complainant and her vendor, and
he must be considered as affected with notice of them all.
The purchase-money attaches to the land in the hands of the vendee as a
trust; and the heirs of the vendee, and all other parties claiming under
him or them, with notice, are treated as in the same predicament.
Where the vendee has sold the land to a bona fide purchaser without notice,
if the latter has not paid the purchase-money, the original vendor may
proceed against the estate, or the purchase-money in his hands; for in

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 488   View pdf image (33K)
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