Thomson v. Kyle
Supreme Court of Florida
Appeal from the Circuit Court for Alachua county. STATEMENT, A full statement of the numerous lengthy pleadings and depositions contained in this very voluminous record would fill many pages of our reports. For this reason we shall not attempt a complete history of the case, but will endeavor to state concisely the main facts bearing upon those assignments of error only, which appellants have argued in their briefs here.
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Appeal from the Circuit Court for Alachua county. STATEMENT, A full statement of the numerous lengthy pleadings and depositions contained in this very voluminous record would fill many pages of our reports. For this reason we shall not attempt a complete history of the case, but will endeavor to state concisely the main facts bearing upon those assignments of error only, which appellants have argued in their briefs here. The appellee, complainant below, on November 14,1891, filed a bill in equity in the Circuit Court of Alachua county praying foreclosure of a mortgage on certain real estate…
1Opinion of the Court
Carter, J.:
I. The question presented by the plea of Della K. Thomson is an interesting one, and one upon which the authorities are not in entire accord. It is not denied by appellants that had the mortgage sought to *593be foreclosed in this case been executed in this State, it would have been valid and enforceable under our laws. Indeed, it has been held by this court, on more •than one occasion, that a mortgage properly executed by a married woman and her husband, conveying the wife’s separate statutory real estate as security for her husband’s debt, is valid. Dzyialynski vs. Bank of…
2Cases cited32 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Brine v. Insurance Co.Supreme Court of the United States · 1878
- McGoon v. ScalesSupreme Court of the United States · 1870
- United States v. CrosbySupreme Court of the United States · 1812
- Sullivan v. McMillanSupreme Court of Florida · 1890
27 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Lovett and Lovett v. LovettSupreme Court of Florida · 1927
- Croker v. PowellSupreme Court of Florida · 1934
- Fahs v. MartinCourt of Appeals for the Fifth Circuit · 1955
- Hospital Mortg. Group v. First Prudential Dev.Supreme Court of Florida · 1982
- Livingston v. MaleverSupreme Court of Florida · 1931
34 more not listed; retrieve them via the Exa API.