Southern Life Insurance & Trust Co. v. Cole
Supreme Court of Florida
Appeal from a decree of the Circuit Court of the County of Leon, made the 5th day of August, 1850. A bill was filed by Appellants in February, 1849, to foreclose a mortgage made by defendant to tbe Southern Life Insurance and Trust Company, dated the 20th December, 1841, to secure the payment of $6500, which mortgage was acknowledged by Cole, the respondent, to be his act and deed, for the purposes therein mentioned, and was duly recorded 24th December, 1841. After the…
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Appeal from a decree of the Circuit Court of the County of Leon, made the 5th day of August, 1850. A bill was filed by Appellants in February, 1849, to foreclose a mortgage made by defendant to tbe Southern Life Insurance and Trust Company, dated the 20th December, 1841, to secure the payment of $6500, which mortgage was acknowledged by Cole, the respondent, to be his act and deed, for the purposes therein mentioned, and was duly recorded 24th December, 1841. After the filing of the bill, and while the suit was pending, the bond and mortgage so executed by the respondent were assigned to…
1Opinion of the CourtThompson, Justice
In the decision of this case, it becomes important in 'limine, to dispose of the question made as to the effect of the appeal — how far it opens the cause to the consideration and judgment of this Court. It is contended on behalf of Appellant, that all questions made by the pleadings and proofs, or which arose in the Court below and which were either decided against the respondent, or passed over sub silentio, cannot be urged upon the consideration of this Court by the respondent, unless a cross appeal had been entered by him, founded on the decision adverse to him, or the omission to decide…
2Cited by48 opinions
- Cilabot v. Winter Park Co.Supreme Court of Florida · 1894
- Palm Beach Estates v. CrokerSupreme Court of Florida · 1932
- Bloxham v. Florida Central & Peninsular RailroadSupreme Court of Florida · 1895
- Tuttle v. Turner, Wilson & Co.Texas Supreme Court · 1866
- Tate v. Pensacola, Gulf, Land & Development Co.Supreme Court of Florida · 1896
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