Legal Opinion
Newman v. Equitable Life Assurance Society of the United States
Supreme Court of Florida
Decided April 4, 1935PublishedCited by 15 opinions
1Opinion of the CourtWhitfield, C. J.
This appeal is .from an order denying a motion to dismiss a bill of complaint brought by the assurance company to enforce the lien of a mortgage given by husband and wife upon described real estate of which property it is alleged the husband and wife “were then and there seized and possessed.” The mortgage 'instrument covenants “that said mortgagors are indefeasibly seized of said lands in fee simple.”
The grounds of the motion to dismiss are that the mortgage is a nullity and that it is void.
The contentions for appellants are that at common law a conveyance of real estate held by the…
2Cases cited11 opinions
- Ohio Butterine Co. v. HargraveSupreme Court of Florida · 1920
- English v. EnglishSupreme Court of Florida · 1913
- Blood v. HuntSupreme Court of Florida · 1929
- Anderson v. TruemanSupreme Court of Florida · 1930
- Forssell v. CarterSupreme Court of Florida · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. American National Bank of Jacksonville and Title & Trust Company of FloridaCourt of Appeals for the Fifth Circuit · 1958
- Sawada v. EndoHawaii Supreme Court · 1977
- Chase Federal Sav. and Loan Ass'n v. SchreiberSupreme Court of Florida · 1985
- Stanley v. PowersSupreme Court of Florida · 1936
- Sheldon v. WatersCourt of Appeals for the Fifth Circuit · 1948
10 more not listed; retrieve them via the Exa API.