Legal Opinion

Warner v. Watson

Supreme Court of Florida

Decided January 15, 1895PublishedCited by 27 opinions

Appeal from the Circuit Court for Manatee county. statement. In November, 1886, Alexander S. Watson, as trustee, and J. II.

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Appeal from the Circuit Court for Manatee county. statement. In November, 1886, Alexander S. Watson, as trustee, and J. II. Viser filed a bill against George Booker, Jr., Warburton S. Warner and wife, Helen C. G. Warner, to foreclose a trust deed executed on the 5th «day of October, 1885, by Booker to Watson, as trustee, to secure the sum of $1,000, evidenced by a promissory note of even date with the trust deed executed by Booker to Yiser, with twoy>er cent, interest per month. The property described in the trust deed mentioned is the enclosed lot of land surrounding the Hoosier Saw Mill at…

1Opinion of the Court

Mabry, C. J.:

The appeal in this case is prosecuted solely on behalf of Mrs. Helen C. Gr. Warner, and the only property involved in the controversy to which she makes any claim is the Hoosier Saw Mill property.

It is not questioned that the trust deeds were executed to secure the payment of money loaned by Wiser to Booker, and must be regarded as mortgages under our statutes. The first contention for appellants is, that the Hoosier Mill property was held in trust by the husband of Mrs. Warner for her benefit, the same having been paid for with her separate estate, and that Booker who purchased…

2Cases cited4 opinions

  1. Cook v. WallingIndiana Supreme Court · 1889
  2. Hockett v. BaileyIllinois Supreme Court · 1877
  3. Broward v. HoegSupreme Court of Florida · 1875
  4. Forbes v. McCoyNebraska Supreme Court · 1888

3Cited by27 opinions

  1. Rioux v. CroninMassachusetts Supreme Judicial Court · 1915
  2. Goldberg v. ParkerSupreme Court of Connecticut · 1913
  3. Marion Mortgate Co. v. GrennanSupreme Court of Florida · 1932
  4. Phillips v. LowensteinSupreme Court of Florida · 1926
  5. Steen v. Scott, Et VirSupreme Court of Florida · 1940

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