Judge v. Forsyth's Executors
Supreme Court of Florida
Appeal from Santa Rosa Circuit Court. This case was decided at Tallahassee. A statement of the case is contained in the opinion of the court. This is a proceeding by petition to foreclose a mortgage executed on divers slaves to secure a debt due by appellant to the appellees. This mortgage was executed on the 2d day of May, 1859, upon certain slaves therein named.
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Appeal from Santa Rosa Circuit Court. This case was decided at Tallahassee. A statement of the case is contained in the opinion of the court. This is a proceeding by petition to foreclose a mortgage executed on divers slaves to secure a debt due by appellant to the appellees. This mortgage was executed on the 2d day of May, 1859, upon certain slaves therein named. The proceeding to foreclose is under the statute, and was hied in the Circuit Court of Santa Kosa county on the 12th of June, 1866. On the 18th of May notice was served of the institution of the proceeding ; and on the 12th day of…
1Opinion of the CourtDouglas, J.
On the 2d day of May, 1859, William Judge made his promissory note, bearing date on that day, by which he promised to pay to Ezekiel E. Simpson and Benjamin D. Wright, executors of Joseph Forsyth, the sum of two thousand dollars; and on the same day made his deed of mortgage on five negro slaves to secure the payment of said note.
On the 12th day of June, 1866, the promissory note remaining still due and unpaid, the executors of Forsyth, in *260pursuance of the statute of this State, providing for the foreclosure of mortgages in the courts of common law, filed their petition in the Circuit Court…
2Cited by1 opinion
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