Ritch v. Eichelberger
Supreme Court of Florida
This is an appeal from a decree rendered in the Circuit Court for Marion County. Henry L. Ritch files a bill against Adam L. Eichelberger,, and the other defendants, seeking the foreclosure of a mortgage executed by Eichelberger to him, as well as to set aside a sale of the mortgaged premises which had been made under a judgment at law rendered before the execution of the mortgage deed.
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This is an appeal from a decree rendered in the Circuit Court for Marion County. Henry L. Ritch files a bill against Adam L. Eichelberger,, and the other defendants, seeking the foreclosure of a mortgage executed by Eichelberger to him, as well as to set aside a sale of the mortgaged premises which had been made under a judgment at law rendered before the execution of the mortgage deed. The material allegations of the bill are: 1. That at the date of Eichelberger’s mortgage to Bitch, March 16, 1866, here sought to be foreclosed an execution in favor of William Boyall against Eichelberger, in…
1Opinion of the CourtHabt, J.
The first ground of demun’er in this case is, that the complainant shows by his bill no right to the discovery or relief sought. The bill is filed for the foreclosure of a mortgage alleged to have been duly executed by Eichelberger, a defendant, and acknowledged and recorded, and that there is due by its conditions over twelve thousand dollars. It prays a decree for the amount to be found due, and that it may be satisfied out of the property mortgaged, by a foreclosure of the equity of redemption. It alleges that the defendants have conspired and confederated to defeat and deprive him of his…
2Cases cited6 opinions
- Stead's Executors v. CourseSupreme Court of the United States · 1808
- Evertson v. BoothNew York Supreme Court · 1822
- Many v. Beekman Iron Co.New York Court of Chancery · 1841
- Hewson v. DeygertNew York Supreme Court · 1811
- Schryver v. TellerNew York Court of Chancery · 1841
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3Cited by6 opinions
- Brown v. SolarySupreme Court of Florida · 1896
- Murrell v. PetersonSupreme Court of Florida · 1909
- Mountein v. KingSupreme Court of Florida · 1918
- State Bank of Florida v. RocheSupreme Court of Florida · 1895
- Quinn Plumbing Co. Inc. v. New Miami Shores Corp.Supreme Court of Florida · 1930
1 more not listed; retrieve them via the Exa API.