Legal Opinion

Peninsular Naval Stores Co. v. Cox

Supreme Court of Florida

Decided January 15, 1909PublishedCited by 20 opinions

This case was decided by the Court E11 Banc. Appeal from the Circuit Court for Hernando County. Statement. On the 23rd of May, 1908, the appellant filed a bill in the Circuit Court of Hernando County to’ foreclose several mortgages theretofore executed to it by W. H. Cox and wife. The mortgages were given to secure certain notes, and in addition certain advances which were to be made by the appellant to said Cox in operating a turpentine business.

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This case was decided by the Court E11 Banc. Appeal from the Circuit Court for Hernando County. Statement. On the 23rd of May, 1908, the appellant filed a bill in the Circuit Court of Hernando County to’ foreclose several mortgages theretofore executed to it by W. H. Cox and wife. The mortgages were given to secure certain notes, and in addition certain advances which were to be made by the appellant to said Cox in operating a turpentine business. Cox and wife, and certain judgment creditors of Cox, vis, the firm of Frank & Company, E. A. Weil & Company, and W. E. Law as Sheri® of Hernando…

1Opinion of the CourtHocker, J.

(after stating the facts.) — Fo:ur assignments of error are presented here, vis: First, that the court erred in its order of May 29th, 1908, in not granting the injunction restraining the sale of portions of the mortgaged property described in the bill; second, that the court erred in granting the application of Lazarus B. Varn, a stranger to the cause, to be made a party defendant; third, that the court erred in not granting the motion of appellant ('complainant below) to vacate the order granting the application of L. B. Varn to b&made a *514party defendant in the cause; and, fourth, that the…

2Cases cited7 opinions

  1. Krippendorf v. HydeSupreme Court of the United States · 1884
  2. Levy v. LaddSupreme Court of Florida · 1895
  3. Elizabethport Cordage Co. v. WhitlockSupreme Court of Florida · 1896
  4. Coe v. FinlaysonSupreme Court of Florida · 1899
  5. Doke v. WilliamsSupreme Court of Florida · 1903

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3Cited by20 opinions

  1. Depass v. ChittySupreme Court of Florida · 1925
  2. Intermediary Finance Corporation v. McKaySupreme Court of Florida · 1927
  3. Switow v. SherSupreme Court of Florida · 1939
  4. Chesney v. Valley Live Stock Co.Wyoming Supreme Court · 1926
  5. Dundee Naval Stores Co. v. McDowellSupreme Court of Florida · 1913

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