Balloch v. Hooper - 146 U.S. 363 (1892)
U.S. Supreme Court
Balloch v. Hooper, 146 U.S. 363 (1892)
Balloch v. Hooper
Argued November 7-8, 1892
Decided December 5, 1892
146 U.S. 363
On the facts in this case detailed in the opinion it is held:
(1) That the deed from Balloch to Hooper of February 25, 1880, was given to better secure Balloch's indebtedness to the Life Insurance Company.
(2) That that company believed in good faith that Hooper was authorized, as holder of the legal title of record, to raise money on the property, and secure its payment by deed of trust.
(3) That there was nothing in the relations between Hooper and Balloch which would prevent the company loaning money to Hooper on the security of the property.
(4) That there was no evidence of a fraudulent combination to injure Balloch.
(5) That there was no ground for questioning the accuracy of the accounting.
The case is stated in the opinion.