Henry Billings Brown

Name: Kirby v. Tallmadge — Opinion of the Court
Author: Henry Billings Brown

Kirby v. Tallmadge — Opinion of the Court

Summary

“Kirby v. Tallmadge — Opinion of the Court”, is a work by Henry Billings Brown. It explores elements such as title, purchaser and notice.

Quotes from Kirby v. Tallmadge — Opinion of the Court (Henry Billings Brown)

Henry Billings Brown, Kirby v. Tallmadge — Opinion of the Court

“ The rule is universal that, if the possession be consistent with the record title, it is no notice of an unrecorded title. But where the land is used for the purpose of a home, and is jointly occupied by husband and wife, neither of whom has title by record, we think that, in view of the frequency with which homestead property is taken in the name of the wife, the proposed purchaser is bound to make some inquiry as to their title. ”

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Source: Wikisource

Henry Billings Brown, Kirby v. Tallmadge — Opinion of the Court

“ There must be such an occupation of the premises as a man of ordinary prudence, treating for the acquisition of some interest therein, would observe, and, observing, would perceive to be inconsistent with the right of him with whom he was treating, and so be led to inquiry.'
So, in Atwood v. Bearss, 47 Mich. 72, 10 N. W. 112, the title to property, upon the record, appeared to be in the wife. Her husband's previous occupation had been under her ownership, and in right of the marital relation, and nothing had transpired to suggest that she had made the property over to him. ”

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Source: Wikisource

Henry Billings Brown, Kirby v. Tallmadge — Opinion of the Court

“ Her failure to cause the deed to be recorded is not an unusual piece of carelessness, nor is it an infrequent cause of litigation. Under the circumstances of the case, it raises no presumption of fraud. What motives she may have had for taking the title to the property in the name of Mr. Miller is entirely immaterial to the present controversy, although it appears from her testimony that she was possessed of money in her own right, and took this method of investing it. ”

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Source: Wikisource

Henry Billings Brown, Kirby v. Tallmadge — Opinion of the Court

“ Tallmadge's possession was notice in the case under consideration, as the actual occupation of the wife was only of 2 rooms in a tenement house containing 43 apartments.
If there be any force at all in the general rule that the possession of another than the grantor puts the purchaser upon inquiry as to the nature of such possession, it applies with peculiar cogency to a case like the present, where the slightest inquiry, either of the husband or wife, would have revealed the actual facts. ”

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Source: Wikisource

Henry Billings Brown, Kirby v. Tallmadge — Opinion of the Court

“ There are undoubtedly cases holding that occupation by some other person than the one holding the unrecorded deed is no notice of title in such third person, and that the apparent possession of premises by the head of a family is no notice of a title in a mere boarder, lodger, or subordinate member of such family, or of a secret agreement between the head of a family and another person. ”

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Source: Wikisource

Henry Billings Brown, Kirby v. Tallmadge — Opinion of the Court

“ Kennedy, 24 Iowa, 397, it was held that, where real estate is ostensibly as much in the possession of the husband as the wife, there is no such actual possession by the wife as will impart notice of an equitable interest possessed by her in the land, to a purchaser at execution sale under a judgment against her husband, in whom the legal title apparently was at the time of the rendition of the judgment. ”

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Source: Wikisource

Henry Billings Brown, Kirby v. Tallmadge — Opinion of the Court

“ Jur. § 616, 'Where a title under which the occupant holds has been put upon record, and his possession is consistent with what thus appears of record, it shall not be a constructive notice of any additional or different title or interest to a purchaser who has relied upon the record, but has had no actual notice beyond what is thereby disclosed.' That the court did not intend to hold that a joint occupation by a husband and wife is in no case notice of more than the occupation of the husband, is evident from the subsequent case of Trust Co. ”

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Source: Wikisource

Henry Billings Brown, Kirby v. Tallmadge — Opinion of the Court

“ We see no reason for impeaching the original purchase of the land by Mrs. Tallmadge. Her account of the transaction is supported by the testimony of all the witnesses, as well as by the receipts and other documentary evidence. ”

Henry Billings Brown

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