Wilson v. Hayward
Supreme Court of Florida
Writ of error to Leon Circuit Court. In Nov. -1845, Richard Hayward filed a petition against David C. Wilson administrator of James Lunn deceased, under the statute regulating the foreclosure of mortgages approved December 11, 1824, setting forth in substance — that on the 4th June, 1840, Lunn executed a mortgage to Robert K. West, of a certain lot in Tallahassee, to secure the payment of $5000 due from Lunn to West on five several promissory notes, bearing date with the…
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Writ of error to Leon Circuit Court. In Nov. -1845, Richard Hayward filed a petition against David C. Wilson administrator of James Lunn deceased, under the statute regulating the foreclosure of mortgages approved December 11, 1824, setting forth in substance — that on the 4th June, 1840, Lunn executed a mortgage to Robert K. West, of a certain lot in Tallahassee, to secure the payment of $5000 due from Lunn to West on five several promissory notes, bearing date with the mortgage, of $1000 each, payable respectively in one, two, three, four, and five years from the date. That on the 6th May,…
1Opinion of the Court
Baltzell, Justice :(
The case before us arises upon an application of the holder of one of five notes secured by mortgage, to obtain a foreclosure and sale of the mortgaged property. The defendant insists that another party, holder of three notes secured by the same mortgage due before that of the petitioner, and to whom the mortgage was assigned, obtained at a prior term of the Court judgment of foreclosure in legal form against the defendant, the representative of the mortgagor. That a sale was had under the judgment, and Wilson and Herr the plaintiffs in the judgment and execution became…
2Cited by4 opinions
- First State Bank v. MussigbrodMontana Supreme Court · 1928
- Weston v. JonesSupreme Court of Florida · 1899
- Smith v. BowneSupreme Court of Georgia · 1878
- Collerd v. HusonNew Jersey Court of Chancery · 1881