Equity will grant relief as between the original parties or their privies in law, in fact, or in estate, except bona fide purchasers for value without notice.
(Orig. Code 1863, § 3052; Code 1868, § 3064; Code 1873, § 3119; Code 1882, § 3119; Civil Code 1895, § 3976; Civil Code 1910, § 4573; Code 1933, § 37-213.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 27 Am. Jur. 2d, Equity, § 261.
C.J.S.- 31 C.J.S., Equity, § 133 et seq.
ALR.
- Right of one who, with knowledge of outstanding equity, derived his interest in real property from or through a bona fide purchaser, to same protection as latter, 63 A.L.R. 1362.
Bona fides of purchaser of bill or note on an executory consideration, 100 A.L.R. 1357.
Right of lessee to equitable relief against forfeiture for breach of conditions as affected by lessor's giving a lease to or entering into other contractual obligations with a third person, 166 A.L.R. 807.
What constitutes notice to subsequent purchaser of real property of option to purchase contained in unrecorded lease, 17 A.L.R.2d 331.
Motor vehicle certificate of title or similar document as, in hands of one other than legal owner, indicia of ownership justifying reliance by subsequent purchaser or mortgagee without actual notice of other interests, 18 A.L.R.2d 813.
Rights as between purchaser of timber and subsequent vendee of land, 18 A.L.R.2d 1150.
Relative rights in real property as between purchasers from or through decedent's heirs or devisees and unknown surviving spouse, 39 A.L.R.2d 1082.
Extension of time or forbearance to sue as consideration constituting mortgagee bona fide purchaser, 39 A.L.R.2d 1088.
Knowledge or notice of inadequacy of consideration for conveyance in chain of title as affecting bona fide status of purchaser, 42 A.L.R.2d 1088.
Relative rights as between purchaser of chattel from one who had previously bought it with stolen money, and victim of the theft, 62 A.L.R.2d 537.
ARTICLE 3 FRAUD
Cross references.
- Pleading requirements in actions involving fraud, § 9-11-9.
Deceptive or unfair trade or business practices generally, § 10-1-370 et seq.
Further provisions regarding fraud in contracts, §§ 13-4-60,13-5-5.
Fraudulent entries in elections, § 21-2-562 et seq.
Equitable estoppel, § 24-14-29.
RESEARCH REFERENCESFraudulent Misrepresentation as to Use to Which Real Property Could Be Put, 38 POF2d 91.
Fraudulent Representations Inducing the Purchase of a Small Business, 30 POF3d 1.