Franklin v. Ayer
Supreme Court of Florida
Appeal from the Circuit Court for Marion county. The decree rendered in the Circuit Court was that the complainant pay to the defendant $795.45 with interest thereon at twenty-five per cent, per annum until paid, and do also pay the costs of suit, and that the deed in question from complainant to defendant be held void, and that thereupon defendant convey to complainant all his interest in the land in question. From this decree both parties appealed.
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Appeal from the Circuit Court for Marion county. The decree rendered in the Circuit Court was that the complainant pay to the defendant $795.45 with interest thereon at twenty-five per cent, per annum until paid, and do also pay the costs of suit, and that the deed in question from complainant to defendant be held void, and that thereupon defendant convey to complainant all his interest in the land in question. From this decree both parties appealed. The other facts are stated in the opinion.
1Opinion of the Court
The Chief-Justice delivered the opinion of the court:
Franklin filed his bill in the Circuit Court of Marion county against Thomas R. Ayer, in which he alleges the following facts: that he was the owner of an 80 acre tract of land in said county; that he was indebted to E. W. Agnew & Co. in about the sum of four hundred dollars; that he gave to said A. & Co. an absolute deed to his land as a security for the payment of his indebtedness to them ; that said deed was treated and considered by said A. & Co. and himself as a mortgage ; that said A. & Co. were pressing him for the payment.of the…
2Cited by14 opinions
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- Markell v. HilpertSupreme Court of Florida · 1939
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