Phifer v. Abbott
Supreme Court of Florida
Appeal from Circuit Court for Alachua County; Jas. T. Wills, Judge. ■Taylor, J., took no part herein. Statement. This is a suit in equity brought by Lucy B. Abbott as administratrix cwm testamento annexo• of the estate of Margaret E; L. Abbott, deceased, against William B. Phifer, individually, and William B. Phifer as executor of the last will and testament of Sallie J. Perry, deceased, and others for the enforcement of a mortgage lien upon certain described real estate.
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Appeal from Circuit Court for Alachua County; Jas. T. Wills, Judge. ■Taylor, J., took no part herein. Statement. This is a suit in equity brought by Lucy B. Abbott as administratrix cwm testamento annexo• of the estate of Margaret E; L. Abbott, deceased, against William B. Phifer, individually, and William B. Phifer as executor of the last will and testament of Sallie J. Perry, deceased, and others for the enforcement of a mortgage lien upon certain described real estate. The bill of complaint was amended several times, by leave of court, so that finally the bill reads as follows : “Your…
1Opinion of the Court
Shackleford. J.,
(after stating the facts.) This is the third appeal which has come to this court in this case, all of the appeals being from interlocutory orders. Upon the first appeal, Phifer v. Abbott, 68 Fla. 10, 65 South. Rep. 869, the only points decided were that “Upon the death of the mortgagee, his or her executor or administrator is the proper party complainant to' enforce the mortgage lien upon real estate.” ■
“In a suit to enforce a mortgage lien upon real estate, an allegation that the complainant is the sole heir of the deceased mortgagee, and that upon the death of the mortgagee…
2Cases cited10 opinions
- Johns v. BowdenSupreme Court of Florida · 1914
- Jordan v. SayreSupreme Court of Florida · 1888
- Florida East Coast Railway Co. v. GeigerSupreme Court of Florida · 1914
- Browne v. BrowneSupreme Court of Florida · 1880
- McLane v. AllisonSupreme Court of Kansas · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Fed. Land Bk. of Columbia v. GodwinSupreme Court of Florida · 1931
- Howarth, Et Ux. v. City of DelandSupreme Court of Florida · 1934
- Halstead v. Florence Citrus Growers Assn.Supreme Court of Florida · 1932
- Humbird v. ArnetMontana Supreme Court · 1935
- Webb Fur. Co. Inc. v. EverettSupreme Court of Florida · 1932
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