Malone v. Meres

On petition for rehearing.

Opinion Filed July 17, 1926.

1. Before the enactment of Chapter 7839, Laws of Florida, 1919, requiring a deficiency, decree to be entered when the proceeds of the sale of property subject to the lien being enforced should not be sufficient to pay tbe debt and costs, the power of the court to enter such decrees in foreclosure of mortgages was exercised under Rule 89 of Circuit Courts in Equity Actions. They were not entered in causes to foreclose vendor’s liens.

2. A lien does not exist in favor of the seller of personal property for its purchase price after delivery.

3.…