Pilcher v Rawlins
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Pilcher v Rawlins (1872) 7 Ch App 259 is a decision of the English Court of Appeal in relation to the rights of the beneficiaries under a trust against a bona fide third party purchaser for value of the trust property.[1]
Pilcher v Rawlins | |
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Court | Court of Appeal |
Decided | 29 January 1872 |
Citation(s) | (1871-72) 7 Ch App 259 |
Case history | |
Appealed from | (1870) LR 11 Eq 53 |
Court membership | |
Judges sitting | Lord Hatherly LC James LJ Mellish LJ |
Keywords | |
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The Court of Appeal overruled the Master of the Rolls and held that the third party purchasers acquired legal title to the property free of the interests of the beneficiaries. This is probably the earliest recorded case in English law where the court explicitly applied the rule that a bona fide purchaser for value without notice (or "equity's darling") takes free of any equitable interest in the property of which they were unaware, although even within the case report itself they refer to the principle as a long standing one.[2][3][4]