Margarum v. J. S. Christie Orange Co.
Supreme Court of Florida
Appeal from the Circuit Court for Alachua county. STATEMENT. The appellant, as administrator of the estate of John Loomis, deceased, filed a bill in equity against the appellee, a corporation existing under the laws of Florida, for the purpose of foreclosing a mortgage on real estate executed by the corporation to said decedent as-.trustee The mortgage, dated the first day of July, 1889, recites that Loomis, the party of the second part, was trustee for the corporation in…
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Appeal from the Circuit Court for Alachua county. STATEMENT. The appellant, as administrator of the estate of John Loomis, deceased, filed a bill in equity against the appellee, a corporation existing under the laws of Florida, for the purpose of foreclosing a mortgage on real estate executed by the corporation to said decedent as-.trustee The mortgage, dated the first day of July, 1889, recites that Loomis, the party of the second part, was trustee for the corporation in the issuance by it of a series of sixty bonds of five hundred dollars each, aggregating the sum' of thirty thousand…
1Opinion of the Court
Mabry, C. J.:
The first ground of the demurrer to the bill is, that the trust deed sought to be foreclosed as a mortgage was not properly executed and acknowledged. We suppose that the ruling of the court sustaining this ground of demurrer was based upon the view that as the instrument did not have any subscribing witnesses to it, it was ineffective for any purpose under ourstat-' utes relating to the execution of deeds and mortgages *169as to real estate. The suit being virtually between the original parties to the instrument, and no interest of a married woman being involved, the question of the…
2Cases cited9 opinions
- Anderson v. NorthropSupreme Court of Florida · 1892
- Miller v. Rutland & Washington RailroadSupreme Court of Vermont · 1864
- Love v. Sierra Nevada Lake Water & Mining Co.California Supreme Court · 1867
- McQuie v. PeaySupreme Court of Missouri · 1874
- McClurg v. PhillipsSupreme Court of Missouri · 1872
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