Equitable Building & Loan Ass'n v. King
Supreme Court of Florida
This case was decided by Division B. Appeal from the Circuit Court for Alachua county. Statement. On September 16th, 1891, appellee Louise G. King, who was then the wife of J. W. P. King, became the owner in fee simple of the land involved in this controversy by purchase from one Calvin Gillis.
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This case was decided by Division B. Appeal from the Circuit Court for Alachua county. Statement. On September 16th, 1891, appellee Louise G. King, who was then the wife of J. W. P. King, became the owner in fee simple of the land involved in this controversy by purchase from one Calvin Gillis. The deed from Gillis vests the title in Louise G. King as her separate statutory property and contains a recitation that she and her husband had mortgaged the same land to Gillis to secure payment of the purchase money. On the same day Louise G. King and her husband executed and acknowledged in proper…
1Opinion of the CourtCarter, P. J.
(after stating the facts). — The conveyance to appellant, by Louise G. King and her husband, is executed and acknowledged with all the formalities required by our statutes regulating the conveyance of married women’s property. It appears upon its face to be collateral to or security for a loan, and, therefore, under our statutes relating to mortgages, it must be construed to be a mortgage. The effort here is to foreclose it as a mortgage for the amount due upon the bond executed by Louise G. King, or if the bond be declared invalid, then for the amount of the *258loan made by appellant to Louise…
2Cases cited15 opinions
- Michigan Insurance v. BrownMichigan Supreme Court · 1863
- Sammis v. JamesSupreme Court of Florida · 1893
- Dollner, Potter & Co. v. SnowSupreme Court of Florida · 1877
- Hodges v. PriceSupreme Court of Florida · 1881
- Mattair v. CardSupreme Court of Florida · 1882
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Blood v. HuntSupreme Court of Florida · 1929
- Phillips v. LowensteinSupreme Court of Florida · 1926
- Zaucha v. Town of MedleySupreme Court of Florida · 1953
- Schmidt v. KibbenSupreme Court of Florida · 1931
- Marcus v. HullSupreme Court of Florida · 1939
15 more not listed; retrieve them via the Exa API.