State Solicitors' Co. v. Savage
Supreme Court of Florida
Appeal from the Circuit Court for Volusia county. . STATEMENT. The appellant company filed a bill against appellees, Siusband and wife, to foreclose a mortgage executed by them to Charles Swayne to secure the payment of a mote of $1,500, executed by one C. C. Sutton to Charles ■Swayne, and alleged to have been transferred and assigned to complainant. The note and mortgage are made exhibits to the bill and as parts thereof.
Read the full summary
Appeal from the Circuit Court for Volusia county. . STATEMENT. The appellant company filed a bill against appellees, Siusband and wife, to foreclose a mortgage executed by them to Charles Swayne to secure the payment of a mote of $1,500, executed by one C. C. Sutton to Charles ■Swayne, and alleged to have been transferred and assigned to complainant. The note and mortgage are made exhibits to the bill and as parts thereof. It appears that the note is for $1,500, dated the 25th day of .June, 1886, and payable to Charles Swayne, or order, two years after date, with interest at the rate of ten…
1Opinion of the Court
Mabry, J.:
The decision of this case in the Circuit Court on its merits was in favor of the defendants under pleas interposed by them, and as the testimony of the parties placed all the facts before the court, and which are now in the transcript before us, we will dispose of the case on its merits here.
It was shown that the title to the real estate described in the mortgage executed by appellees was in-the wife, Sarah J. Savage, and that the mortgage was executed to secure and give credit to a note of $1,500 executed by C. C. Sutton to Charles Swayne. It was well understood by all parties, the…
2Cases cited7 opinions
- Cambridge Savings Bank v. HydeMassachusetts Supreme Judicial Court · 1881
- Merchants' & Mechanics' Bank of Wheeling v. EvansWest Virginia Supreme Court · 1876
- Bucklen v. HuffIndiana Supreme Court · 1876
- Huff v. ColeIndiana Supreme Court · 1873
- Moore v. Macon Savings BankMissouri Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bland v. Fidelity Trust Co.Supreme Court of Florida · 1916
- Chris-Craft Industries, Inc. v. Van ValkenbergSupreme Court of Florida · 1972
- Eaton v. DelayNorth Dakota Supreme Court · 1915
- Mullins v. Bank of BlaineCourt of Appeals of Kentucky (pre-1976) · 1927