Legal Opinion

Drake v. March

Supreme Court of Florida

Decided January 10, 1914PublishedCited by 4 opinions

■ Appealed from- Circuit Court of Dade County; L. W. Bethel, Judge.

1Opinion of the CourtWhitfield, J.

This appeal presents the question whether in foreclosure proceedings the lower court erred in refusing to render a deficiency decree against a free dealer married woman personally who joined her husband in executing the mortgage on his lands to secure his debt. The note was signed by the husband alone. The mortgage executed by the husband and wife as parties of the first part contains a covenant by “the parties of the first part” to pay the debt and expenses, &c; and the acknowledgement of the wife states that she executed the mortgage “for the purpose of mortgaging and of releasing,…

2Cases cited1 opinion

  1. Lerch v. BarnesSupreme Court of Florida · 1911

3Cited by4 opinions

  1. Blood v. HuntSupreme Court of Florida · 1929
  2. FIRST NATL. BANK OF MELBOURNE v. BergDistrict Court of Appeal of Florida · 1963
  3. Keyser v. MiltonCourt of Appeals for the Fifth Circuit · 1916
  4. Waechter v. General Mills, Inc.District Court of Appeal of Florida · 1965

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