Coy v. Downie
Supreme Court of Florida
Appeal from the Circuit Court, Fourth Judicial Circuit, Nassau County. This is a suit brought in May, 1873, by Emeline Coy, administratrix of the estate of Amaziah Coy, deceased, for the foreclosure of a mortgage.
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Appeal from the Circuit Court, Fourth Judicial Circuit, Nassau County. This is a suit brought in May, 1873, by Emeline Coy, administratrix of the estate of Amaziah Coy, deceased, for the foreclosure of a mortgage. On February 21, 1866, Emeline Coy, administratrix, Caroline Dupray and Amelia Creighten, (with W. H. Du-pray, husband of Caroline,) sold and conveyed by deed of warranty of title in fee simple, with usual covenants of seisin, &c., with a covenant to execute such further con. veyance as might be required, to John M. Payne, lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, in block…
1Opinion of the CourtRandall, C. J.
If the decree in this case should be allowed to stand, it is evident that both parties must suffer, and it is for this reason, mainly, that we must reverse it upon grounds other than those urged by the appellant.
1. We agree with the Circuit Court that the title to lots eight and nine was, the date of the deed to John M. Payne, and still remains, in A. II. Cole. The grantors had only a naked possession under some agreement to purchase which had not been complied with by them. There was no evidence in the case showing what amount is due him for purchase money.
2. The title to lots 15, 16,17 and…
2Cited by20 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Fuller v. FullerSupreme Court of Florida · 1887
- McIntyre v. ParkerSupreme Court of Florida · 1919
- Mattair v. PayneSupreme Court of Florida · 1876
- Randall v. BourguardezSupreme Court of Florida · 1887
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