Barnett v. Dollison
Supreme Court of Florida
1DissentBrown, J.
(dissenting in part). — See Realty Securities Co v. Johnson, 93 Fla. 46, 111 So. 46; Chubb v. Chadwick, 93 Fla. 114, 111 So. 538; Norris v. Eikenberry, 103 Fla. 104, 137 So. 128. The first contract was cancelled by the second or option contract. Default in the latter contract— failure to exercise its option — left the legal title unincumbered in the vendor. The only equity the vendor has is to have the first contract cancelled of record. He can get possession by ejectment. There is nothing to foreclose. See also Wilson v. Daniel, 94 Fla. 1140, 115 So. 527. Skipper v. Handley, 99 Fla. 382, 126…
2Cases cited8 opinions
- Realty Securities Corporation v. JohnsonSupreme Court of Florida · 1927
- Norris Et Ux. v. EikenberrySupreme Court of Florida · 1931
- Chubb v. J. Harker Chadwick & Co.Supreme Court of Florida · 1927
- Wilson v. DanielSupreme Court of Florida · 1927
- Pierce & Stevenson v. JonesSupreme Court of Florida · 1933
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