Berlack v. Halle
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. This is an action of ejectment brought by the appellees, against the appellant on the 21st clay of August, 1884, to. recover a part of a lot of land in the city of Jacksonville. The testimony adduced by the plaintiffs in the Circuit-Court is as follows: A deed of conveyance from J. W..
Read the full summary
Appeal from the Circuit Court for Duval county. This is an action of ejectment brought by the appellees, against the appellant on the 21st clay of August, 1884, to. recover a part of a lot of land in the city of Jacksonville. The testimony adduced by the plaintiffs in the Circuit-Court is as follows: A deed of conveyance from J. W.. Whitney, special master, to Henry S. Sayre, dated January 5, 1880, recorded in the clerk’s office of Duval county February 17, 1880, and made pursuant to a sale by said master under a decree of foreclosure and sale rendered December 1st, 1879, in said Circuit…
1Opinion of the CourtJustice Raney
The first question to be disposed of is as to the introduction of the decree of foreclosure in support of the master’s deed, in the absence of such prior proceedings a& showed jurisdiction. In so far as jurisdiction of the parties to the suit in which this decree was rendered is concerned the objection was cured by the defendant, Berlack, having introduced the bill and other proceedings in the cause. The effect of this decree and the other proceedings in the suit, including the sale, upon the land and the defendant’s rights therein, are to be considered.
The subpoena in the foreclosure suit…
2Cases cited8 opinions
- Trimm v. . MarshNew York Court of Appeals · 1874
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Howell v. . LeavittNew York Court of Appeals · 1884
- Bedell v. . ShawNew York Court of Appeals · 1874
- Pasco v. GambleSupreme Court of Florida · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Christopher v. MungenSupreme Court of Florida · 1911
- Hull v. BurrSupreme Court of Florida · 1909
- Jordan v. SayreSupreme Court of Florida · 1888
- Evins v. Gainesville National BankSupreme Court of Florida · 1920
- Oakland Prop. Corp. v. HoganSupreme Court of Florida · 1928
10 more not listed; retrieve them via the Exa API.