Shear v. Robinson
Supreme Court of Florida
Appeal froth the Circuit Court for Leon county. The case was decided by Hóri. John A. Henderson as Referee, to whom it was referred by consent of parties. L. N. Shear died after the appeal was taken, and the case proceeded in Mrs. Shear’s name, he having been a defendant in her right.
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Appeal froth the Circuit Court for Leon county. The case was decided by Hóri. John A. Henderson as Referee, to whom it was referred by consent of parties. L. N. Shear died after the appeal was taken, and the case proceeded in Mrs. Shear’s name, he having been a defendant in her right. On the first day of August, 1877, Eliza E. Shear and L. N. Shear, her husband, executed a mortgage to ¡Robinson .upon her separate property to secure a promissory note of $1,590 of that date, due one day after date, and further advances to be made by Robinson in money, provisions and supplies; the amount of the…
1Opinion of the Court
The Chief-Justice
delivered the ¿pinion' of the court.
I. The referee properly found upon the testimony in this case that Robinson was in the first instance reluctant to become a creditor of the appellant, and became so because of the importunity of and sympathy for her on account of her embarrassments and misfortunes.
II. -We agree also that the lease, and the mortgage of August 1,1877, were not and were not intended by either party to be one instrument, or contract. The. mortgage is not a qualification of the lease, nor the lease of the mortgage, neither is dependent upon the other ; although…
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