McKinnon-Young Co. v. Stockton
Supreme Court of Florida
This case was decided by Division B. Appeal from the Circuit Court for Levy County. STATEMENT. The Wylly-Gabbett Company, a corporation, on the 8th day of August, 1904, executed a trust deed in the nature of a mortgage to George W. Owens and C. L. Heller upon upwards of forty-one thousand acres of timbered lands in Levy county, Florida, besides other properties, to secure a large indebtedness due from the said corporation to various creditors.
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This case was decided by Division B. Appeal from the Circuit Court for Levy County. STATEMENT. The Wylly-Gabbett Company, a corporation, on the 8th day of August, 1904, executed a trust deed in the nature of a mortgage to George W. Owens and C. L. Heller upon upwards of forty-one thousand acres of timbered lands in Levy county, Florida, besides other properties, to secure a large indebtedness due from the said corporation to various creditors. C. L. Heller did not accept the trust or resigned. George W. Owens as trustee, on or about the 5th day of May, 1905, filed his bill in the circuit…
1Opinion of the CourtTaylor, J.
(after stating the facts) : The errors assigned question the propriety of the rulings of the circuit court overruling the plea filed by the defendants, and •overruling the several demurrers to the petition filed by the defendants. The contention of the plea filed by the defendants is to the effect that the cause in which the petition was filed having been carried by appeal to the appellate court prior to the filing of such petition, that the ?cid cause was therefore transferred to, and pending in, such appellate court, and that the circuit court had no jurisdiction to entertain any matter in…
2Cases cited6 opinions
- Spring v. South Carolina InsuranceSupreme Court of the United States · 1821
- Williams v. FloodMichigan Supreme Court · 1886
- Goddard v. OrdwaySupreme Court of the United States · 1877
- Jenkins v. LykesSupreme Court of Florida · 1882
- Grant v. Phoenix Life Ins. Co.Supreme Court of the United States · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Willey v. W. J. Hoggson Corp.Supreme Court of Florida · 1925
- Waltham A. Condominium Ass'n v. Village Man., Inc.District Court of Appeal of Florida · 1976
- Bernstein v. BernsteinSupreme Court of Florida · 1949
- Sexton v. Panning Lumber CompanyDistrict Court of Appeal of Florida · 1972
- Sunrise Beach, Inc. v. PhillipsDistrict Court of Appeal of Florida · 1965
7 more not listed; retrieve them via the Exa API.