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Case Summary
Kamat v. Kurtha
Kamat v. Kurtha, No. 5-10618-KMW-THK (S.D.N.Y. filed Dec. 16, 2005).
Précis
In this federal case, a
good faith purchaser
One who buys something for value without notice of another's claim to the property and without actual or constructive notice of any defects in or infirmities, claims, or equities against the seller's title; one who has in good faith paid valuable consideration for property without notice of prior adverse claims (Black’s Law Dictionary (8th ed. 2004)).
good faith purchaser sought a declaration of
title
Ownership of real property or personal property, which stands against the right of anyone else to claim the property. In real property, title is evidenced by a deed, judgment of distribution from an estate, or other appropriate document recorded in the public records of the county. Title to personal property is generally shown by possession, particularly when no proof or strong evidence exists showing that the property belongs to another or that it has been stolen or known to be lost by another (http://dictionary.law.com).
title to a Souza painting based on the equitable doctrine of
laches
Unreasonable delay in pursuing a right or claim, almost always an equitable one, in a way that prejudices the party against whom relief is sought (Black’s Law Dictionary (8th ed. 2004)).
laches. He argued that the original owner’s claim to it was barred because he unreasonably delayed in asserting a claim after learning that the painting had been stolen from him.
Associated Legal Decision(s)
Associated Statutes and/or Legislation
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