C. B. Rogers & Co. v. Munnerlyn
Supreme Court of Florida
Appeal from the Circuit Court for Hillsborough, county. STATEMENT. The object of the bill in this case is the foreclosure of certain mortgages on real estate. It was originally filed, by appellants, Charles B. Rogers and Edward A. Champlain, partners under the firm name of C. B. Rogers & Co., against James K. Munnerlyn and wife, and Fred.
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Appeal from the Circuit Court for Hillsborough, county. STATEMENT. The object of the bill in this case is the foreclosure of certain mortgages on real estate. It was originally filed, by appellants, Charles B. Rogers and Edward A. Champlain, partners under the firm name of C. B. Rogers & Co., against James K. Munnerlyn and wife, and Fred. Thompson, as assignee, but subsequently Samuel H. Eckman and Abram Yetsburg, composing the firm of Eckman & Yetsburg, and Jacob R. Einstein in his own right, and as surviving partner of Einstein & Lehman, were made parties defendant. The bill alleges that in…
1Opinion of the Court
Mabry, C. J.:
It is entirely clear from the evidence in this case that the debt from J ames K. Munnerlyn to appellants, and evidenced by the' notes, dated November 12th, 1885, and secured by the mortgage of date December 19th of that year on lot six (6), block three (3) of Dwight’s-subdivision of the town of Clear Water Harbor and the wharf extending into the water of said harbor from the foot of Cleveland street, was tona fide and has never been paid. At the time of taking said mortgage Munnerlyn, did not owe any debt except that represented by the notes secured by the mortgage, and appellant…
2Cases cited16 opinions
- The United States, in Error v. Phineas Bradley, Surviving Administrator of David Ott DeceasedSupreme Court of the United States · 1836
- Doyle v. WadeSupreme Court of Florida · 1887
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Barnet v. FergusIllinois Supreme Court · 1869
- State ex rel. Voullaire v. TaskerSupreme Court of Missouri · 1862
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3Cited by14 opinions
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- Stockton v. National BankSupreme Court of Florida · 1903
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- Van Eepoel Real Estate Co. v. Sarasota Milk Co.Supreme Court of Florida · 1930
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