Legal Opinion

Boley v. Daniel

Supreme Court of Florida

Decided July 27, 1916PublishedCited by 78 opinions

Appeal from Circuit Court, Escambia County; A. G. Campbell, Judge.

1Opinion of the CourtWhitfield, J.

—This suit was brought against Louis Boley and others. After Boley’s death his executor was made a party defendant in his stead. The purpose of the suit is to have a mortgage held by Daniel decreed to be a first lien on property upon which Boley has a mortgage prior in time to Daniel’s mortgage, and for incidental relief. From a decree on the pleadings granting the relief, the defendants appealed.

It appears that one Waters mortgaged property described as Lot 4, Block 131 to Leslie E. Brooks to secure the payment of a note for $500.00; Brooks assigned the note and mortgage to a third party;…

2Cases cited10 opinions

  1. Emmert v. ThompsonSupreme Court of Minnesota · 1892
  2. Home Savings Bank v. BierstadtIllinois Supreme Court · 1897
  3. Overholser v. ClarkTennessee Supreme Court · 1850
  4. Kitchell v. MudgettMichigan Supreme Court · 1877
  5. Rice v. WintersNebraska Supreme Court · 1895

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3Cited by78 opinions

  1. Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
  2. 1ST AMERICAN TITLE INS. v. 1st Title Serv. Co.Supreme Court of Florida · 1984
  3. Kala Investments, Inc. v. SklarDistrict Court of Appeal of Florida · 1989
  4. Med Center Bank v. FleetwoodCourt of Appeals of Texas · 1993
  5. West American Ins. Co. v. Yellow Cab Co.District Court of Appeal of Florida · 1986

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