Smith v. Hope
Supreme Court of Florida
This case was decided by Division B. Appeal from Circuit Court for Hernando county. Statement. The appellants filed á bill in the court below for the enforcement of the following instrument, i. e.: “State of Florida, Hernando county.
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This case was decided by Division B. Appeal from Circuit Court for Hernando county. Statement. The appellants filed á bill in the court below for the enforcement of the following instrument, i. e.: “State of Florida, Hernando county. Know all men by these .presents, that we, J. W. 'Hope and wife, Grace M. Hope, for and in consideration of the sum of two hundred dollars ($200.00) received in hand this day, the receipt of which we hereby acknowledge, have bargained, sold and transferred, and by these presents do bargain, sell and transfer to W. J. Smith & Co. of Fitzgerald, State and county…
1Opinion of the CourtMaxwell, J.
(after stating the facts). — The question presented by this appeal is whether the instrument in question, viewed in the light of the allegations of the bill, is a conditional sale or a mortgage. Upon, its face it purports to be a conditional sale; the allegations of the bill are that it is a sale, and it is sought in the bill to enforce it as such. An essential feature to a mortgage is the existence of an indebtedness, payment of which it is designed to secure. There is no suggestion in either the bill of complainant or the instrument in question that any indebtedness, either already incurred…
2Cases cited3 opinions
- Franklin v. AyerSupreme Court of Florida · 1886
- Hollingsworth v. HandcockSupreme Court of Florida · 1857
- McGriff v. PorterSupreme Court of Florida · 1853
3Cited by10 opinions
- Voges Motor Co. v. WardSupreme Court of Florida · 1929
- Hull v. BurrSupreme Court of Florida · 1909
- Holmberg v. Hardee TrusteesSupreme Court of Florida · 1925
- Cary Co. v. Whiting HyerSupreme Court of Florida · 1926
- Markell v. HilpertSupreme Court of Florida · 1939
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