ANNA REGLER, APPELLANT,
v.
ALBERT C. BANKS, JR., BERTIE FAIN, BANKS, HIS WIFE, AND J. M. GAULT, APPELLEES
ANNA REGLER, APPELLANT,
ALBERT C. BANKS, JR., BERTIE FAIN, BANKS, HIS WIFE, AND J. M. GAULT, APPELLEES
80 Fla. 2
Florida Supreme Court (1920)
Positive Treatment
Cited by 29 cases
Opinion of the Court
Per Curiam.
This cause having heretofore been submitted to the Court upon the transcript of the record of the decree aforesaid, and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree; it is, therefore, considered, ordered and adjudged by the Court that the said decree of the Circuit Court be, and the same is hereby, affirmed.
All concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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Malone v. Meres, 109 So. 677 (Fla. 1926)…been due to the complainant over and above the proceeds of sale was given by Rule 89 of Circuit Courts, Equity Actions, and was a discretionary one and could be granted or denied according to the facts in each case. See Realty Mortgage Co. v. Moore, 80 Fla. 2, 85 South. Rep. 155. [*751] . Such decrees were not entered upon bills to foreclose vendor’s liens. See Johnson v. McKinnon, 45 Fla. 388, 34 South. Rep. 272; Johnson v. McKinnon, 54 Fla. 221, 45 South. Rep. 23, 13 L. R. A. (N. S.) 874 n.; 127 Am. St…
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Cragin v. Ocean & Lake Realty Co., 133 So. 569 (Fla. 1931)…. 1100, 17 L. R. A. 306. Prior to the statute, Chapter 11993, Acts 1927, section 5751, Comp. Gen. Laws 1927, amended by Chapter 13625, Acts 1929, the power was exercised under a rule having the effect of a statute. See Realty Mortgage Co. v. Moore, 80 Fla. 2, 85 So. 155; Etter v. State Bank, 76 So. 724. The Statute is for the benefit of the debtor in that it is designed to save him from the annoyance, vexation, *Page 1332 and expense of two suits; therefore, though enacted after the date of the executi…
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The R. E. L. McCaskill Co. v. Dekle, 88 Fla. 285 (Fla. 1924)…at further discussioñ of the question would be profitable. Even in suits to foreclose mortgages or other liens the right to a deficiency decree is not absolute. Etter v. Bank of Florida, 76 Fla. 203, 79 South. Rep. 724; Realty Mortgage Co. v. Moore, 80 Fla. 2, 85 South. Rep. 155. Chapter 7839, [*295] Acts of 1919, applies to “suits to foreclose mortgages or other liens,” not to suits for specific performance of contracts to purchase land. Furthermore, the enforcement of a contract in equity is not a mat…
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