Brown v. Atlanta National Building & Loan Ass'n
Supreme Court of Florida
This case was decided by Division B. Appeal from Circuit Court for Sumter county. Statement. The appellee, complainant below, filed a bill for foreclosure of mortgage, making as parties defendant thereto the administrator, widow and heirs of the mortgagor, and the appellants.
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This case was decided by Division B. Appeal from Circuit Court for Sumter county. Statement. The appellee, complainant below, filed a bill for foreclosure of mortgage, making as parties defendant thereto the administrator, widow and heirs of the mortgagor, and the appellants. The bill alleged default on the part .of the mortgagor, and that thereafter and 'prior to his death the complainant accepted from him the mortgaged premises in satisfaction of the mortgage debt, and had ever since claimed and exercised the rights of ownership and possession of the premises and paid taxes thereon, though…
1Opinion of the CourtMaxwell, J.
(after stating the facts). — The question presented by this record is that of the right of a complainant in filing a bill for foreclosure of mortgage,' to join as a party defendant thereto one holding adversely to both mortgagor and mortgagee under a claim of paramount title. *495The advantage of such a course to the complainant, if permissible, is obvious, as it enables him in one litigation to remove all obstacles to the enforcement of his debt, and to expose the mortgaged property for sale freed from the cloud of an adverse claim of title. To the adverse claimant the practice is objectionable…
2Cases cited24 opinions
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- Dial v. ReynoldsSupreme Court of the United States · 1878
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
- Randle v. BoydSupreme Court of Alabama · 1882
- McKeown v. CollinsSupreme Court of Florida · 1896
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Williams, Et Ux. v. RobineauSupreme Court of Florida · 1936
- Stuart v. StephanusSupreme Court of Florida · 1927
- Turner v. UtleySupreme Court of Florida · 1927
- Hecht v. WilsonSupreme Court of Florida · 1932
- Armstrong v. WilcoxSupreme Court of Florida · 1909
13 more not listed; retrieve them via the Exa API.