Us Supreme Court Court December 1865 Judgments

Horbach Vs. Porter

Court: US Supreme Court

Horbach v. Porter - 154 U.S. 549 (1865) U.S. Supreme Court Horbach v. Porter, 154 U.S. 549 (1865) Horbach v. Porter Nos. 189, 190 Submitted December 1, 1865 Decided December 18, 1865 154 U.S. 549 APPEALS FROM THE SUPREME COURT OF THE TERRITORY OF NEBRASKA Syllabus When two parties acquire title to the same tract of land from the same grantor, if the later grantee takes his deed with knowledge that the first grantee is in possession of the land and has enclosed it, and is cultivating it, he is chargeable with knowledge of all the equitable rights of the first grantee with which an inquiry world have pot him in possession. The case is stated in the opinion. MR. JUSTICE MILLER delivered the opinion of the Court. In these two cases the facts are the same, and the questions suggested by the records are exclusively questions of fact. It is charged in the bill that Horbach, one of the defendants, having sold the land which is the subject of the controversy, and received the co...