Legal Opinion

Thalheimer v. Tischler

Supreme Court of Florida

Decided January 15, 1908PublishedCited by 16 opinions

This case was decided by Division A. Appeal from the Circuit Court of Duval County. Statement. Oh the 16th day of January, 1906, the appellants as complainants filed their bill in chancery in the circuit court for Duval county against all the appellees as defendants, with the exception of the appellee A. T. French, who was made a defendant by a supplemental bill filed by the appellants on the 20th day of- September, 1906, for the purpose of foreclosing certain liens in favor…

Read the full summary

This case was decided by Division A. Appeal from the Circuit Court of Duval County. Statement. Oh the 16th day of January, 1906, the appellants as complainants filed their bill in chancery in the circuit court for Duval county against all the appellees as defendants, with the exception of the appellee A. T. French, who was made a defendant by a supplemental bill filed by the appellants on the 20th day of- September, 1906, for the purpose of foreclosing certain liens in favor of the appellants created by the defendant, Philip Tisohler upon certain described properties. The pleadings, exhibits,…

1Opinion of the Court

Shackleford, C. J.,

(after stating the facts.)

The first point we shall take up for consideration and determination is whether Tischler’s interest in the Henderson lot was legal or equitable in its nature. If we should find that it was an equitable asset,' then it was not subject to sale under an execution and neither the Robinsons nor French acquired any; title by their respective deeds from the sheriff. See Wilson v. Matheson, 17 Fla. 630, text 642; Robinson v. Springfield Co., 21 Fla. 203; Richardson v. Gilbert, 21 Fla. 544, text 546; Zehnbar v. Spillman, 25 Fla. 591, text 598, 6 South. Rep.…

2Cases cited9 opinions

  1. Robinson v. Springfield Co.Supreme Court of Florida · 1885
  2. Insurance Co. of North America v. EricksonSupreme Court of Florida · 1905
  3. Neubert v. Massman Bros. & Co.Supreme Court of Florida · 1896
  4. Mayer Bros. v. WilkinsSupreme Court of Florida · 1896
  5. Richardson v. GilbertSupreme Court of Florida · 1885

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Williams v. JonesSupreme Court of Florida · 1975
  2. In Re Boogaart of Florida, Inc.United States Bankruptcy Court, S.D. Florida. · 1981
  3. Demos v. WalkerSupreme Court of Florida · 1930
  4. Charpie v. StoutSupreme Court of Kansas · 1912
  5. United States v. CohenDistrict Court, S.D. Florida · 1967

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API