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21 Washington opinions name it 2 courts 1992–2019 0 in the last five years
The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
South Tacoma Way, LLC v. Stategreen2 sentences2010See S. Tacoma Way, LLC v. State, 146 Wn. 2010See S. Tacoma Way, LLC v. State, 146 Wash.App. 639, 653 , 191 P.3d 938 (2008) (citing Finch, 74 Wash.2d at 172 , 443 P.2d 833 ); see also Chem. | 2 | 4 |
In Re McDanielgreen2 sentences2013This treatment also extends to the remedies available to the parties. 4 State v. Wooten 87855-2 Owens, J., Dissenting "The remedies provided to the seller in the case of breach or nonperformance are those of a secured creditor." In re McDaniel, 89 B.R. 861, 869 (Bania. 2013This treatment also extends to the remedies available to the parties. 4 State v. Wooten 87855-2 Owens, J., Dissenting "The remedies provided to the seller in the case of breach or nonperformance are those of a secured creditor." In re McDaniel, 89 B.R. 861, 869 (Bania. | 2 | 2 |
South Tacoma Way, LLC v. Stategreen2 sentences2010See S. Tacoma Way, LLC v. State, 146 Wash.App. 639, 653 , 191 P.3d 938 (2008) (citing Finch, 74 Wash.2d at 172 , 443 P.2d 833 ); see also Chem. 2008S. Tacoma Way, LLC v. State, 146 Wash.App. 639 , 191 P.3d 938, 946 (2008), petition for review filed (Wash. Oct. 6, 2008) (No. 822123). ¶ 27 Mr. Notti responds to Ms. Graham's ownership analyses with public policy arguments. | 2 | 2 |
Tomlinson v. Clarkegreen2 sentences2013Bank, 88 Wn.2d at 782 , and for determining superior interest under the bona fide purchaser doctrine, Tomlinson, 118 Wn.2d at 503 . 2013Bank, 88 Wn.2d at 782 ; and for determining superior interest under the bona fide purchaser doctrine, Tomlinson, 118 Wn.2d at 503 . | 1 | 13 |
State v. Hewitt Land Co.green2 sentences2010SUD attempts to use the bona fide purchaser doctrine to cure an ultra vires act—a use beyond the doctrine's intended scope. [4] The majority relies exclusively on State v. Hewitt Land Co., 74 Wash. 573, 586 , 134 P. 474 (1913), to hold SUD is a bona fide purchaser. 2010SUD attempts to use the bona fide purchaser doctrine to cure an ultra vires act—a use beyond the doctrine's intended scope. [4] The majority relies exclusively on State v. Hewitt Land Co., 74 Wash. 573, 586 , 134 P. 474 (1913), to hold SUD is a bona fide purchaser. | 1 | 2 |
Miebach v. Colasurdogreen2 sentences2019Tomlinson v. Clarke, 118 Wn.2d 498, 500 , 825 P.2d 706 (1992); see also Miebach v. Colasurdo, 102 Wn.2d 170, 175 , 685 P.2d 1074 (1984) (“A bona fide purchaser for value is one who without notice of another’s claim of right to, or equity in, the property prior to his acquisition of title, has paid the vender a valuable consideration.” (quoting Glaserv. 2019Tomlinson v. Clarke, 118 Wn.2d 498, 500 , 825 P.2d 706 (1992); see also Miebach v. Colasurdo, 102 Wn.2d 170, 175 , 685 P.2d 1074 (1984) (“A bona fide purchaser for value is one who without notice of another’s claim of right to, or equity in, the property prior to his acquisition of title, has paid the vender a valuable consideration.” (quoting Glaserv. | 1 | 1 |
Finch v. Matthewsgreen2 sentences2010See S. Tacoma Way, LLC v. State, 146 Wash.App. 639, 653 , 191 P.3d 938 (2008) (citing Finch, 74 Wash.2d at 172 , 443 P.2d 833 ); see also Chem. 2010See S. Tacoma Way, LLC v. State, 146 Wash.App. 639, 653 , 191 P.3d 938 (2008) (citing Finch, 74 Wash.2d at 172 , 443 P.2d 833 ); see also Chem. | 1 | 1 |
Noel v. Colegreen2 sentences2008See, e.g., Noel v. Cole, 98 Wash.2d 375, 381 , 655 P.2d 245 (1982), superseded by statute on other grounds as stated in Dioxin Ctr. v. Pollution Bd., 131 Wash.2d 345, 360 , 932 P.2d 158 (1997). [13] South Tacoma also argues that the policies behind the bona fide purchaser doctrine "give way to protection of the public interest" and, as a result, should not protect Sustainable. 2008See, e.g., Noel v. Cole, 98 Wash.2d 375, 381 , 655 P.2d 245 (1982), superseded by statute on other grounds as stated in Dioxin Ctr. v. Pollution Bd., 131 Wash.2d 345, 360 , 932 P.2d 158 (1997). [13] South Tacoma also argues that the policies behind the bona fide purchaser doctrine "give way to protection of the public interest" and, as a result, should not protect Sustainable. | 1 | 1 |
Center v. Pollution Control Hearings Boardgreen1 sentence2008See, e.g., Noel v. Cole, 98 Wash.2d 375, 381 , 655 P.2d 245 (1982), superseded by statute on other grounds as stated in Dioxin Ctr. v. Pollution Bd., 131 Wash.2d 345, 360 , 932 P.2d 158 (1997). [13] South Tacoma also argues that the policies behind the bona fide purchaser doctrine "give way to protection of the public interest" and, as a result, should not protect Sustainable. | 1 | 1 |
Dioxin/Organochlorine Ctr. v. POLLUTION CONTROLgreen1 sentence2008See, e.g., Noel v. Cole, 98 Wash.2d 375, 381 , 655 P.2d 245 (1982), superseded by statute on other grounds as stated in Dioxin Ctr. v. Pollution Bd., 131 Wash.2d 345, 360 , 932 P.2d 158 (1997). [13] South Tacoma also argues that the policies behind the bona fide purchaser doctrine "give way to protection of the public interest" and, as a result, should not protect Sustainable. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Levien v. Fiala
green
2 sentences2008Levien v. Fiala, 79 Wn. 2008Levien v. Fiala, 79 Wash.App. 294, 298 , 902 P.2d 170 (1995). | 4 | 2002–2008 |
Cascade Security Bank v. Butler
green
2 sentences2013Bank, 88 Wn.2d at 782 , and for determining superior interest under the bona fide purchaser doctrine, Tomlinson, 118 Wn.2d at 503 . 2013Bank, 88 Wn.2d at 782 ; and for determining superior interest under the bona fide purchaser doctrine, Tomlinson, 118 Wn.2d at 503 . | 3 | 2013–2013 |
Glaser v. Holdorf
green
2 sentences2010Bona Fide Purchaser ¶38 The bona fide purchaser doctrine states that “a good faith purchaser for value, who is without actual or constructive notice of another’s interest in the property purchased, has the superior interest in the property.” Tomlinson v. Clarke, 118 Wn.2d 498, 500 , 825 P.2d 706 (1992) (citing Glaser v. Holdorf, 56 Wn.2d 204, 209 , 352 P.2d 212 (1960)). ¶39 Whether the bona fide purchaser doctrine can cure, via equitable means, the State’s ultra vires action appears to be a matter of first impression. 8 1 agree with the Court of Appeals, which held that status as a bona fide p 2010Bona Fide Purchaser ¶38 The bona fide purchaser doctrine states that “a good faith purchaser for value, who is without actual or constructive notice of another’s interest in the property purchased, has the superior interest in the property.” Tomlinson v. Clarke, 118 Wn.2d 498, 500 , 825 P.2d 706 (1992) (citing Glaser v. Holdorf, 56 Wn.2d 204, 209 , 352 P.2d 212 (1960)). ¶39 Whether the bona fide purchaser doctrine can cure, via equitable means, the State’s ultra vires action appears to be a matter of first impression. 8 1 agree with the Court of Appeals, which held that status as a bona fide p | 3 | 1995–2010 |
Peoples National Bank v. Birney's Enterprises, Inc.
green
2 sentences2008App. 668, 674 , 775 P.2d 466 (1989). ¶27 Whether the bona fide purchaser doctrine can cure an ultra vires sale of state-owned land is a novel issue of law in Washington. 2008Peoples Nat'l Bank of Wash. v. Birney's Enters., Inc., 54 Wash.App. 668, 674 , 775 P.2d 466 (1989). ¶ 27 Whether the bona fide purchaser doctrine can cure an ultra vires sale of state-owned land is a novel issue of law in Washington. | 2 | 2008–2008 |
OneWest Bank, FSB v. Erickson
green
2 sentences2017OneWest Bank, FSB v. Erickson, 185 Wn.2d 43, 65 , 367 P.3d 1063 (2016). 2017OneWest Bank, FSB v. Erickson, 185 Wn.2d 43, 65 , 367 P.3d 1063 (2016). | 1 | 2017–2017 |
State v. Allert
green
2 sentences1998State v. Allert, 117 Wash.2d 156, 168 , 815 P.2d 752 (1991). *907 The Bank contends that the trial court mistakenly applied the bona fide purchaser doctrine. 1998State v. Allert, 117 Wash.2d 156, 168 , 815 P.2d 752 (1991). *907 The Bank contends that the trial court mistakenly applied the bona fide purchaser doctrine. | 1 | 1998–1998 |
Reed v. Eller
neutral
2 sentences1992As prevailing parties in this court, the Clarkes are entitled to reasonable attorneys' fees and costs incurred in this appeal. *512 In sum, we hold as follows: that under the rationale of Cascade, a purchaser under a real estate contract can take advantage of the bona fide purchaser doctrine; the recording act amendments of 1984 are curative, remedial and retroactive; insofar as it is inconsistent with this decision, Reed v. Eller, 33 Wn. 1992App. 820 , 664 P.2d 515 , review denied, 99 Wn.2d 1015 (1983) is overruled; the Clarkes have an interest in the lakefront property that is superior to that of the Whitsells; and the Clarkes are entitled to attorneys' fees and costs from the seller, Tomlinson. | 1 | 1992–1992 |
cluster 445287
green
1 sentence1992App. 652, 655 , 604 P.2d 504 (1979) (a real estate contract seller's retention of title is a security device functionally similar to a real estate mortgage or deed of trust); Perry v. O'Donnell, 749 F.2d 1346 (9th Cir. 1984) (tracing California's similar legal development in this area and holding that the bona fide purchaser doctrine applied to a purchaser of real property under a real estate contract). 24 See 8A G. | 1 | 1992–1992 |
Terry v. Born
green
1 sentence1992App. 652, 655 , 604 P.2d 504 (1979) (a real estate contract seller's retention of title is a security device functionally similar to a real estate mortgage or deed of trust); Perry v. O'Donnell, 749 F.2d 1346 (9th Cir. 1984) (tracing California's similar legal development in this area and holding that the bona fide purchaser doctrine applied to a purchaser of real property under a real estate contract). 24 See 8A G. | 1 | 1992–1992 |
Johnson v. Continental West, Inc.
green
2 sentences1992Thompson, Real Property § 4447 at 277-79 (1963 repl.). 25 RCW 65.08. 26 RCW 65.08.060(3). 27 Final Legislative Report, 48th Legislature (1984), at 181 (Senate Bill 4371). 28 State v. Jones, 110 Wn.2d 74, 82 , 750 P.2d 620 (1988). 29 Johnson v. Continental West, Inc., 99 Wn.2d 555, 559 , 663 P.2d 482 (1983). 1992Thompson, Real Property § 4447 at 277-79 (1963 repl.). 25 RCW 65.08. 26 RCW 65.08.060(3). 27 Final Legislative Report, 48th Legislature (1984), at 181 (Senate Bill 4371). 28 State v. Jones, 110 Wn.2d 74, 82 , 750 P.2d 620 (1988). 29 Johnson v. Continental West, Inc., 99 Wn.2d 555, 559 , 663 P.2d 482 (1983). | 1 | 1992–1992 |
State v. Jones
green
2 sentences1992Thompson, Real Property § 4447 at 277-79 (1963 repl.). 25 RCW 65.08. 26 RCW 65.08.060(3). 27 Final Legislative Report, 48th Legislature (1984), at 181 (Senate Bill 4371). 28 State v. Jones, 110 Wn.2d 74, 82 , 750 P.2d 620 (1988). 29 Johnson v. Continental West, Inc., 99 Wn.2d 555, 559 , 663 P.2d 482 (1983). 1992Thompson, Real Property § 4447 at 277-79 (1963 repl.). 25 RCW 65.08. 26 RCW 65.08.060(3). 27 Final Legislative Report, 48th Legislature (1984), at 181 (Senate Bill 4371). 28 State v. Jones, 110 Wn.2d 74, 82 , 750 P.2d 620 (1988). 29 Johnson v. Continental West, Inc., 99 Wn.2d 555, 559 , 663 P.2d 482 (1983). | 1 | 1992–1992 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.