Hollingsworth v. Handcock
Supreme Court of Florida
Appeal from a decree of the Circuit Court of the Southern Circuit for Hillsborough county. Complainant filed his bill in the Courtbelow, alleging that "William Handcock, on the 22d October, 1845, lent him, complainant, four hundred dollars, and in order to secure the payment of the same they applied to Simeon L. Spark-man to draw an instrument of writing (intended to be a mortgage), to secure the payment of said sum ; that said Sparkman, for the purpose aforesaid, drew a…
Read the full summary
Appeal from a decree of the Circuit Court of the Southern Circuit for Hillsborough county. Complainant filed his bill in the Courtbelow, alleging that "William Handcock, on the 22d October, 1845, lent him, complainant, four hundred dollars, and in order to secure the payment of the same they applied to Simeon L. Spark-man to draw an instrument of writing (intended to be a mortgage), to secure the payment of said sum ; that said Sparkman, for the purpose aforesaid, drew a common hill of sale from complainant to said Handcock, of and to a negro girl named Harriet, about fourteen years of age,…
1Opinion of the CourtPearson, J.
This cause comes up upon appeal from a decree of the Circuit Court for Hillsborough county, sitting in Chancery.
The object of the bill is to redeem a slave called Harriet, therein alleged to have been mortgaged to the defendant Handcock, and by him sold to the defendant Brown ; while the defence set up by the answers is, that the transaction between Hollingsworth and Handcock constituted a conditional sale of the slave; that the-instrument executed by Hollingsworth was not a security for money, and therefore not in the nature of a mortgage ; and that the complainant is estopped, by reason of…
2Cases cited3 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Eiland v. RadfordSupreme Court of Alabama · 1845
- Bulkley v. StewartSupreme Court of Connecticut · 1803
3Cited by11 opinions
- Davis v. EvansDistrict Court of Appeal of Florida · 1961
- Coogler v. RogersSupreme Court of Florida · 1889
- Hull v. BurrSupreme Court of Florida · 1909
- Hagan v. EllisSupreme Court of Florida · 1897
- North v. CulmerDistrict Court of Appeal of Florida · 1967
6 more not listed; retrieve them via the Exa API.