Randall v. Parramore
Supreme Court of Florida
EeeoR from Jefferson County* Judge Hawkins, before whom this case was tried at Fall Terms 1846, of Jefferson, Circuit Court, did not sit at the hearing in this-Court. The facts of the case are recited in the opinion of the Court.
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EeeoR from Jefferson County* Judge Hawkins, before whom this case was tried at Fall Terms 1846, of Jefferson, Circuit Court, did not sit at the hearing in this-Court. The facts of the case are recited in the opinion of the Court. The following instructions, asked for by defendant, were given the jury by the Court; 1st. That when a debtor, indebted on> several amounts, makes pay. ment, it is his legal right to direct their application: and' that such application is considered as made when such payment is made, land is to be determined by the facts and circumstances attending the payment. 2d.…
1Opinion of the Court
Douglas, Ch. J.,
delivered the following opinion:
This case was brought up by writ of error from the Jefferson Circuit Court.
The suit was commenced by petition to foreclose a mortgage under the Act of Doer. 11th, 1824, “ To regulate the foreclosure of mortgages at Common Law,” &c. Duval’s Comp., page 38.
The record shews that the mortgage was given on the 19th day o.f Deer., 1836, by the said Thomas Randall to the said Smith & Parramore, the petitioners in the Court below, upon certain lands in the mortgage described, to secure the payment of three certain promissory note of the same date,…
2Cases cited2 opinions
- Hepburn v. DuboisSupreme Court of the United States · 1838
- Thomas v. Bush's administratorCourt of Appeals of Kentucky · 1809
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- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Special v. BauxDistrict Court of Appeal of Florida · 2011
- State v. HintonDistrict Court of Appeal of Florida · 1975
- Atlantic & Gulf Properties, Inc. v. PalmerDistrict Court of Appeal of Florida · 1959
- Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
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