This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
30. Ames, Cases on Trusts (2nd Ed.) 286; Willoughby v. Willoughby, 1 Term Rep. 763; Kinicott v. Board of Sup'rs of Wayne County, 16 Wall. (U. S.) 452, 21 L. Ed. 319; Stokes v. Riley, 121 111. 166, 11 N. E. 877. Compare, Seacoast R. Co. v. Wood, 65 N. J. Eq. 530, 56 Atl. 337, criticized 17 Harv. Law Rev.
31. See 2 White & Tudor. Leading Cases in Eq. (8th Ed.) at p. 151.
32. Preston v. Nash, 76 Va. 1. In Buck v. Winn, 11 B, Mon.
33. Dodds v. Hills. 2 H. & M. 297. See Brewster v. Sime, 42
It has been decided, in one state, that as between equal equities, if the holder of the later equity was a bona fide purchaser for value and has actually acquired possession as such and made improvements, he will be protected as against the prior equity.34 Such a doctrine does not appear to he generally recognized.35