Wilson & Herr v. Hayward
Supreme Court of Florida
Appeal from a decree of the Circuit Court for Leon County, sitting in Chancery. Richard Hayward filed his bill in the Court below against the appellants and D. C. Wilson, administrator of the estate of J. H. Lunn, deceased, alleging that J. H. Lunn in his life time, and in June, 1840, executed to one Robert K. West, five several promissory notes, each for the sum of one thousand dollars payable respectively on the fourth day of June, in the years 1841,’42,’43,’44 and’45, and…
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Appeal from a decree of the Circuit Court for Leon County, sitting in Chancery. Richard Hayward filed his bill in the Court below against the appellants and D. C. Wilson, administrator of the estate of J. H. Lunn, deceased, alleging that J. H. Lunn in his life time, and in June, 1840, executed to one Robert K. West, five several promissory notes, each for the sum of one thousand dollars payable respectively on the fourth day of June, in the years 1841,’42,’43,’44 and’45, and to secure the payment thereof executed and delivered to said West a certain deed of mortgage covering a certain lot and…
1Opinion of the CourtBaltzell, C. J.
This case was before us at the January term, 1848, on an application of the defendant, Hayward, to foreclose undér the common law proceeding of this State, a mortgage executed by James Lunn. The proceeding was against the! administrator of Lunn, who resisted the application on the ground that other parties holding notes of prior date, had already foreclosed and had sale of the mortgaged proerty.
The Court considering that if the party had rights, they! could be more appropriately asserted in equity than in a Court of law, and especially that the purchasers under the sale already had, should be…
2Cases cited4 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Walker v. Bank of MobileSupreme Court of Alabama · 1844
- Gwathmeys v. RaglandSupreme Court of Virginia · 1823
- Antones v. Heirs of EslavaSupreme Court of Alabama · 1839
3Cited by17 opinions
- Ryan's Furniture Exchange, Inc. v. McNairSupreme Court of Florida · 1935
- Lawson v. WarrenSupreme Court of Oklahoma · 1912
- Mitchell v. LadewSupreme Court of Missouri · 1865
- Whyel v. SmithSupreme Court of Florida · 1931
- Penzel v. BrookmireSupreme Court of Arkansas · 1888
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