Legal Opinion

Lay v. Austin

Supreme Court of Florida

Decided June 15, 1889PublishedCited by 2 opinions

Appeal from the Circuit Court for Sumter County. The facts of the case are stated in the opinion of the •court. STATEMENT OE THE CASE. G. I. Austin, the appellee, who was the complainant in -the court below, filed his bill against John F. Lay, the appellant, to foreclose a mortgage.

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Appeal from the Circuit Court for Sumter County. The facts of the case are stated in the opinion of the •court. STATEMENT OE THE CASE. G. I. Austin, the appellee, who was the complainant in -the court below, filed his bill against John F. Lay, the appellant, to foreclose a mortgage. The bill alleges that the defendant, John F. Lay, on 30th day of April, 1884, made and delivered to the Panasofflcee & Withlacoochee Navigation Co., a corporation, his promissory note, payable two years after date, attaching the note as an exhibit to the bill. That on the same day the defendant executed his…

1Opinion of the Court

Eaney, C. J.:

The bill of foreclosure before us alleges that the appellee executed a promissory note payable to the order of the Panasoffkee and Withlacoochee Navigation Company, and a mortgage on lands to secure its payment, and that the note and mortgage were assigned to one John Conley for value received, by D. E. Towns, as President, and O. S. Bushnell, as Secretary of the said Panasoffkee and Withlacoochee Navigation Oompauy, the said President and Secretary having the authority so to do, all of which will appear indorsed and acknowledged upon said mortgage. The note and mortgage are made…

2Cases cited5 opinions

  1. Robinson v. Springfield Co.Supreme Court of Florida · 1885
  2. President of the Northampton Bank v. PepoonMassachusetts Supreme Judicial Court · 1814
  3. Elwell v. DodgeNew York Supreme Court · 1861
  4. Marine Bank of N.Y. v. . ClementsNew York Court of Appeals · 1865
  5. Frye v. TuckerIllinois Supreme Court · 1860

3Cited by2 opinions

  1. Page v. FordOregon Supreme Court · 1913
  2. Campbell v. McLaurin Investment Co.Supreme Court of Florida · 1917

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