First National Bank v. Ashmead
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. The first of the following opinions of the court in this cause was filed June 15,1887, and during the time that Hon. G. G. McWhorter was Chief-Justice. The appellees thereupon filed a petition for a rehearing.' On July 1,1887, Chief-Justice McWhorter having resigned,' Hon. A. E. Maxwell was commissioned and took his seat as Chief - Justice, and on July 14,1887, the opinion of the court was filed refusing a rehearing.
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Appeal from the Circuit Court for Duval county. The first of the following opinions of the court in this cause was filed June 15,1887, and during the time that Hon. G. G. McWhorter was Chief-Justice. The appellees thereupon filed a petition for a rehearing.' On July 1,1887, Chief-Justice McWhorter having resigned,' Hon. A. E. Maxwell was commissioned and took his seat as Chief - Justice, and on July 14,1887, the opinion of the court was filed refusing a rehearing. On the first day of March, 1884, the appellees executed an instrument which, in form was a deed, conveying in fee to James M.…
1Opinion of the Court · RaneyJustice Raney
Our statute provides that all instruments of writing made for the purpose of securing the payment of money, whether such instruments be from the debtor to the creditor, or from the debtor to some third person in trust for the creditor, shall be deemed mortgages, and be subject to the same rules of foreclosure, restrictions and forms as are or may be prescribed by law in relation to mortgages ; and that a mortgage shall be held in our courts to be a specific lien on property for a specific object. McClellan’s Digest, pp. 765, 766. Independent of this statute, even parol evi. dence is…
Also in this document: Opinion of the Court · Ranev.
2Cases cited15 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Miller v. MarxSupreme Court of Alabama · 1876
- Carr v. . CarrNew York Court of Appeals · 1873
- Pierce v. RobinsonCalifornia Supreme Court · 1859
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3Cited by20 opinions
- Hull v. BurrSupreme Court of Florida · 1909
- Holmberg v. Hardee TrusteesSupreme Court of Florida · 1925
- Markell v. HilpertSupreme Court of Florida · 1939
- de Bartlett v. de WilsonSupreme Court of Florida · 1906
- Jacksonville, Tampa & Key West Railroad v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
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