Union Bank v. Call
Supreme Court of Florida
• Appeal from Leon Circuit Court. This was a motion in the nature of an audita querula to quash an execution issued on a judgment in favor of the Union Bank, against R. IL Call, oi'i'the ground of a release subsequent to the rendition of the judgment. Morrison, who claimed to hold this judgment by assignment from the bank, appeared and opposed the motion.
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• Appeal from Leon Circuit Court. This was a motion in the nature of an audita querula to quash an execution issued on a judgment in favor of the Union Bank, against R. IL Call, oi'i'the ground of a release subsequent to the rendition of the judgment. Morrison, who claimed to hold this judgment by assignment from the bank, appeared and opposed the motion. On the twenty-fifth day of February, 1842, the Union Bank recovered against Richard K. Call a judgment for $4080 40. The notes upon which this judgment was obtained, were secured by a mortgage,, executed by R. K. Call and George IL Walker,…
1Opinion of the Court
BALTZELL, C.. J.,
delivered the opinion of the Court.
On the 25th day of February, 1842,- the Union Bank recovered judgment against Richard K. Call for the sum of $4080 40, on which an execution issued the 29th day of February, 1851. On the day of , Call filed bis audita querela, claiming that the judgment was released and the execution discharged, and praying that it might be so declared.-
The Bank disclaimed any interest in the judgment and execution, having, as they stated, assigned the same to Charles Morrison. He files his answer and states that on the, 22d February, 1843,. tbe Bank, for a…
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