RAND-SHEPARD COMPANY, A CORPORATION, WELLBORN C PHILLIPS, AND RAND-NEW YORK COMPANY, A CORPORATION, APPELLANTS,
v.
DOLLAR SAVINGS INSTITUTION, INC., A CORPORATION, APPELLEE

Fla. | 1932-06-24
Buford, C.J., and Ellis and Brown, J.J., concur., Wi-iitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment.
106 Fla. 46 Florida Supreme Court (1932) Positive Treatment
Also reported at: 142 So. 649 · 142 So. 810
Cited by 49 cases
Opinion of the Court
Per Curiam.

Per Curiam.

The endorser o'f a note secured by mortgage is1 neither a necessary nor a proper party defendant in a suit to foreclose the mortgage. This point having been raised by the indorser by demurrer which was overruled, the decree appealed from must be reversed upon the authority of the recent case of Delbeck Inv. Co. vs. Raff, 136 So. 683.

It is so ordered.

Buford, C.J., and Ellis and Brown, J.J., concur.

Wi-iitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (14 total)

  • Sewell v. Sewell Props., Inc., 159 Fla. 570 (Fla. 1947)
    …o be entitled to recover the property of the trust estate because the trust property was not an asset of the decedent’s estate. Bloxham v. Crane, 19 Fla. 163, Dunscomb v. Smith 127 Fla. 797, 174 So. 39; Bourne v. State Bank of Orlando and Trust Co., 106 Fla. 46, 142 So. 810; Tibbetts Corner v. Arnold, 108 Fla. 239, 146 So. 219. The allegations of the amended bill of complaint are sufficient to state grounds for equitable relief and, if proved, will entitle the plaintiff to the relief prayed.. So the decr…
  • H. K. L. Realty Corp. v. Kirtley, 74 So. 2d 876 (Fla. 1954)
    …l could be commenced only within twenty years of the accrual of the cause of action; section 2939, R.G.S. 1920; section 4663, C.G.L. 1927; section 95.11; F.S. 1941, F.S.A.; Bennett v. Herring, 1 Fla. 387; Bourne v. State Bank of Orlando & Trust Co., 106 Fla. 46, 142 So. 810; Jordan v. Sayre, 24 Fla. 1, 3 So. 329. They provided, further, that “If, when the cause of action shall accrue against a person, he is out of the state, the action may be commenced within [20 years] after his return to the state * * *…
  • THE Travis Co. v. Tully Mayes and Mary LOU Mayes, 160 Fla. 375 (Fla. 1948)
    …t the Statute of Limitations begins to run against a mortgage at the time the right to foreclose accrues. Special Tax School District No. One, Orange County v. Hillman, 131 Fla. 725, 179 So. 805; Bourns v. State [*377] Bank of Orlando and Trust Co., 106 Fla. 46, 142 So. 810; Nevitt v. Bacon, 32 Miss. 212, 86 Am. Dec. 609; Buss v. Kemp Lumber Co., 23 N.M. 567, 170 Pac. 54; Wiltise Mortgage Foreclosure, 3rd Ed. Vol. 1, page 111. The rule is also settled that when a mortgage in terms declares the entire indeb…

Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw