Legal Opinion

Stewart v. Preston

Supreme Court of Florida

Decided January 15, 1846PublishedCited by 15 opinions

Appeal from Judgment rendered in late Superior Court for the County of Gadsden, at its Fall Term, 1844, on petition to foreclose a mortgage under the statute. The motion to dismiss this case having been overruled, the Court proceeded to consider the same.

Read the full summary

Appeal from Judgment rendered in late Superior Court for the County of Gadsden, at its Fall Term, 1844, on petition to foreclose a mortgage under the statute. The motion to dismiss this case having been overruled, the Court proceeded to consider the same. The facts are these : Preston on the 2nd January, 1839, made six several promissory Notes, payable to the joint order of Edward Carey, James R. Jones, Thomas Hoxey and Hines Holt, Jr., which the said Carey and others, as the joint sureties of Preston, endorsed in blank, and of which appellant became the holder. . The endorsement on each of…

1Opinion of the Court

Bax.tzei,l, Justice:

This is an appeal from a judgment of the late Superior Court for the County of Gadsden, rendered on a petition filed by appellant to obtain the foreclosure of a mortgage, under the Statute “ to regulate “ the foreclosure of mortgages by the Courts of Common Law, and “ for other purposes.”

The plea filed by defendant is, “ that the mortgage was executed and delivered to Edward Carey and others, to indemnify them as endorsers on certain notes therein named; that it was intended by the terras thereof to operate only as a personal covenant of indemnity, *21and therefore not…

2Cases cited1 opinion

  1. Speake & Others v. U. StatesSupreme Court of the United States · 1815

3Cited by15 opinions

  1. Taylor v. American National BankSupreme Court of Florida · 1912
  2. Cross v. AbySupreme Court of Florida · 1908
  3. McNair & Wade Land Co. v. AdamsSupreme Court of Florida · 1907
  4. Moses v. WoodwardSupreme Court of Florida · 1932
  5. Blackshear Manufacturing Co. v. FralickSupreme Court of Florida · 1925

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API