Legal Opinion

Durham v. Stephenson

Supreme Court of Florida

Decided January 15, 1899PublishedCited by 12 opinions

Appeal from the Circuit Court for Hillsborough county. Statement. On December 15, 1894, appellant filed his bill against appellees in the Circuit Court of Hillsborough county, seeking foreclosure of a mortgage, reading as follows: “This indenture, made this the 17th day of July.

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Appeal from the Circuit Court for Hillsborough county. Statement. On December 15, 1894, appellant filed his bill against appellees in the Circuit Court of Hillsborough county, seeking foreclosure of a mortgage, reading as follows: “This indenture, made this the 17th day of July. A. D. 1893, between Thomas Stephenson, Herbert F. Stephenson and Mary A. Stephenson, wife of Thomas Stephenson, of Tampa, Florida, parties of the first part, and L. E. Durham, of Tampa, Florida, party of the second, witnesseth: That the said parties of the first part, for and in consideration of the sum of two…

1Opinion of the Court

Carter, J.:

I. The bill was an ordinary one for foreclosure of a ' mortgage, and we perceive no defect which renders it subject to demurrer for want of equity. The first ground of the demurrer filed by Herbert F. Stephenson was, therefore, properly overruled. The fourth ground of demurrer should have been overruled because it was too broad. It sought to make available in bar of the whole bill, supposed defects relating to a part only of *118the relief prayed, vis: the recovery of attorney’s fees for foreclosure of the mortgage. Aside from this, we think the mortgage does provide for the payment of…

2Cases cited5 opinions

  1. Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
  2. McMullen v. EaganWest Virginia Supreme Court · 1882
  3. Griffith v. VentressSupreme Court of Alabama · 1890
  4. Merritt v. YatesIllinois Supreme Court · 1874
  5. Bours v. ZachariahCalifornia Supreme Court · 1858

3Cited by12 opinions

  1. City of Olando v. Equitable Building & Loan Ass'nSupreme Court of Florida · 1903
  2. Phillips v. LowensteinSupreme Court of Florida · 1926
  3. Wilkins v. LewisSupreme Court of Florida · 1919
  4. Futch v. AdamsSupreme Court of Florida · 1904
  5. Yellowstone Sheep Co. v. EllisWyoming Supreme Court · 1939

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