Federal Land Bank of Columbia v. State Road Dept.

The Federal Land Bank of Columbia took a mortgage, executed by the owner, on certain real estate to secure an indebtedness. The owner-mortgagor, after execution and delivery of the mortgage, executed a deed conveying a strip across the mortgaged property to the State of Florida for State road right-of-way.

The State Road Department constructed a State Highway upon the strip of land and it became used by the public as a public State Highway.

The mortgagor became in default and the Bank foreclosed, not making the State of Florida or the State Road Department a party defendant. After sale under…