Marion Mortgage Co. v. State Ex Rel. Davis

Bullock, Circuit Judge.

The parties to this cause will be hereinafter designated plaintiff and defendant, as in the lower court.

March 12, 1929, the plaintiff filed a quo warranto information in the Circuit Court of the Eleventh Judicial Circuit of Florida, against the defendant requiring it to answer by what warrant or authority it was acting as trustee under a mortgage or deed Of trust, bearing date March 15, 1924, encumbering the El Commodora Hotel property, and securing a bond issue of $485,000., charging that defendant is exercising the office of trustee under said deed of trust and is…