Summary

Widdicombe v. Childers — Opinion of the Court

Widdicombe, being a purchaser with full knowledge of their rights, was in law a pur haser in bad faith; and, as their equities were superior to his, they were enforceable against him, even though he had secured a patent vesting the legal title in himself. Under such circumstances, a court of chancery can charge him as trustee, and compel a conveyance which shall convert the superior equity into a paramount legal title. The cases to this effect are many and uniform. The holder of a legal title in bad faith must always yield to a superior equity.
Source: Wikisource

Widdicombe v. Childers — Opinion of the Court

We entertain no doubt whatever as to the correctness of the findings of fact in the courts below. The evidence establishes beyond all question that Smith intended to buy, and the officers at the land-office intended to sell, the S. E. 1/4. That tract was then unsold, while the S. W. 1/4 had been purchased by Robert Wooden at private entry on the eighth of November, 1834; and this was shown by the records of the office. The written application, by mistake, described the wrong land, and the certificates of the register and receiver followed the application
Source: Wikisource

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