Legal Opinion

Phillips v. Acacia Mutual Life Insurance

Supreme Court of Florida

Decided April 24, 1936PublishedCited by 7 opinions

1Opinion of the CourtTerrell, J.

This appeal is from various and sundry decrees entered in a mortgage foreclosure suit, including a decree overruling a motion to file a bill of review after the final decree of foreclosure and sale.

It is contended that the judgment below should be reversed because the mortgage foreclosed was executed under duress, that the mortgagors never appeared before the notary public or witnesses to execute or acknowledge the making of the mortgage, that the special master’s sale was advertised for February 5 and was' held February 4, and that the final decree was acquired by misrepresentation and fraud.

2Cases cited4 opinions

  1. Pacific Railroad v. KetchumSupreme Court of the United States · 1880
  2. Herald v. HardinSupreme Court of Florida · 1928
  3. Dunman v. HartwellTexas Supreme Court · 1853
  4. Hefferman v. BurtSupreme Court of Iowa · 1858

3Cited by7 opinions

  1. Travelers Indem. Co. v. Housing Auth. of City of MiamiDistrict Court of Appeal of Florida · 1972
  2. O'Malley v. McMullenDistrict Court of Appeal of Florida · 1974
  3. United States v. Stanley Warford, Robert Ellison, and Ina Ellison, Gerald L. Rainwaters and Cecil R. HowellCourt of Appeals for the Eleventh Circuit · 1986
  4. A & S of Florida, Inc. v. Ronson Corp.District Court of Appeal of Florida · 1958
  5. Abady & Sultan, Inc. v. Ronson Corp.District Court of Appeal of Florida · 1958

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