Legal Opinion

Southern Life Insurance & Trust Co. v. Lanier

Supreme Court of Florida

Decided January 15, 1853PublishedCited by 20 opinions

This cause was brought up by appeal from a decree of the Circuit Court for Gadsden County, sitting in Chaueery.^ In July, 1839, Augustus H. Lanier executed his bond to the Southern Life Insurance and Trust Company, in the penal sum of twenty thousand dollars, conditioned to pay the sum of ton thousand dollars, on or before the expiration of five years from the date thereof, with interest at eight per cent, per annum, payable semi-annually.

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This cause was brought up by appeal from a decree of the Circuit Court for Gadsden County, sitting in Chaueery.^ In July, 1839, Augustus H. Lanier executed his bond to the Southern Life Insurance and Trust Company, in the penal sum of twenty thousand dollars, conditioned to pay the sum of ton thousand dollars, on or before the expiration of five years from the date thereof, with interest at eight per cent, per annum, payable semi-annually. On the same day, he also executed a mortgage to said Bank on certain lands and slaves, to secure the payment of said bond. On the execution and delivery of…

1Opinion of the Court

SEMMES, J.;

This was a suit in Chancery, commenced in the name of the Southern Life Insurance and Trust Conrpany and the State of Florida, against A. II. Lanier.

The preliminary question made in argument, and raised by the answer of respondent, is that the State of Florida has no interest in the suit, and that, therefore, the bill should be dismissed. The objection is presented by special matter, set up in the answer by way of demurrer, under the provisions of our statute law. Thomp. Dig., 458, §9.

We do not doubt the correctness of the doctrine, or its application to this case, that, to sustain…

2Cases cited4 opinions

  1. MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
  2. Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
  3. Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
  4. Little v. ObrienMassachusetts Supreme Judicial Court · 1812

3Cited by20 opinions

  1. State Board of Agriculture v. Citizens Street Railway Co.Indiana Supreme Court · 1874
  2. Texas Western Railway Co. v. GentryTexas Supreme Court · 1888
  3. Hitchcolk v. Mortgage Securities Corp.Supreme Court of Florida · 1928
  4. Moran-Alleen Co. v. BrownSupreme Court of Florida · 1929
  5. Saunders v. RichardSupreme Court of Florida · 1895

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