Matthews v. Lindsay
Supreme Court of Florida
Appeal from the Circuit Court for Marion county. Bill to foreclose a mortgage. The case of Lindsay vs. Matthews, 17 Fla., 575, contains a history of the mortgage. One Cole owned about 150 acres of land in Marion county, and sold the same to Matthews in 1873. Matthews borrowed the money to make the purchase from Eobinson, and to secure Eobinson had the land conveyed to him by Cole.
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Appeal from the Circuit Court for Marion county. Bill to foreclose a mortgage. The case of Lindsay vs. Matthews, 17 Fla., 575, contains a history of the mortgage. One Cole owned about 150 acres of land in Marion county, and sold the same to Matthews in 1873. Matthews borrowed the money to make the purchase from Eobinson, and to secure Eobinson had the land conveyed to him by Cole. In 1874 Matthews sold an undivided half to Vinson, who took a deed from Eobinson, and in 1875 Vinson sold and conveyed this undivided half to these complainants, Lindsay and others. In February, 1875, Matthews…
1Opinion of the Court
The Chief-Justice delivered the opinion of the court.
The first ground on which appellants pray a reversal of the decree is that the court erred in sustaining the demurrer to Harris’ cross bill. This cross bill alleged that by the tenders by Matthews the lien of the mortgage was extinguished ; that he had become the owner of Matthews’ in-est by his sheriff’s deed under executions against Matthews, and he prayed a partition as between himself and complainants.
As to the tenders, without examining .the question as to *974the amount tendered, the allegations and proofs show that Matthews offered…
2Cases cited5 opinions
- Spann v. BaltzellSupreme Court of Florida · 1847
- Forcheimer v. HollySupreme Court of Florida · 1872
- Buckmaster v. KelleySupreme Court of Florida · 1875
- Robinson v. L'EngleSupreme Court of Florida · 1869
- Columbian Building Ass'n of East Baltimore, No. 4 v. CrumpCourt of Appeals of Maryland · 1875
3Cited by18 opinions
- Lovett and Lovett v. LovettSupreme Court of Florida · 1927
- Kreiss Potassium Phosphate Co. v. KnightSupreme Court of Florida · 1929
- Sisco v. RotenbergSupreme Court of Florida · 1958
- Boyette v. CardenDistrict Court of Appeal of Florida · 1977
- Howard v. Pensacola & Atlantic RailroadSupreme Court of Florida · 1888
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