New York Court of Appeals

Ezra W. Acer, Respondent v. Daniel P. Westcott, Impleaded With Others, Appellants

November 10, 187146 N.Y. 384

Summary

The Court examined whether a recital in a deed that referenced a prior contract gave constructive notice of the plaintiff's equitable rights. It held that such a recital does not constitute constructive notice unless the purchaser is grossly negligent, and therefore the defendant was a bona fide purchaser. The lower court's judgment was reversed and a new trial was ordered.