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Youngstown Park & Fall St. Ry. v. Tokus, 37 O. A. & C. 573

Zanesville v. Fannan, 53 O. S. 605

Zucker v. Whitridge, 205 N. Y. 50

xvii

Page

206, 207

526

473

369

116

81

473

25

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REPORTS

OF

CASES ARGUED AND DETERMINED

IN THE

APPEALS AND CIRCUIT COURTS OF OHIO.

VENDOR AND PURCHASER.

[Mahoning (7th) Court of Appeals, October Term, 1917.]

Pollock, Metcalfe and Farr, JJ.

JAMES L. SAUSE V. CATHERINE WARD.

1. Holder of Equitable Title not Protected Against Prior Equities. A party having an equitable title to real estate, though not the legal title, is not protected as a bona fide purchaser without notice of prior equities. In order to be protected against prior equities he must have acquired the legal title and parted with the consideration therefor prior to notice.

2. Specific Performance May Be Enforced by Holder of Senior Equitable Title, But not Against a Junior Holder of Such Title When Holder of an Option Acquires the Equitable Title.

A senior equitable owner of real estate may enforce specific performance of a contract for conveyance of such property against both the party having the legal title and a party holding a like Junior equitable title, notwithstanding the latter was acquired without notice of the prior equitable title.

3. Option to Purchase Real Estate not Sale nor Conveyance of Title. A written optional contract for a nominal consideration given by the owner to sell his real estate is not a sale thereof, but only a standing offer to sell to the person and at the price named within the time stated in the contract, and the optionee does not acquire any title to the real estate unless he accepts the offer prior to its expiration.

1 O. A. & C. Vol. 40.

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