SARAH WOLFE, AS ADMINISTRATRIX OF THE ESTATE OF JACOB WOLFE, APPELLANT,
v.
C. R. VERNON, APPELLEE
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The Florida Supreme Court affirmed a lower court's decree canceling a mortgage, finding that the mortgage debt had been satisfied through partial payment and the acceptance of a new mortgage from a subsequent purchaser.
Yes, the original mortgage indebtedness was discharged because Wolfe received $450 in cash and a $550 mortgage from Ellis, which was subsequently paid and cancelled.
“As it appears that Wolfe received $450.00 on his mortgage, and that the note for $550.00 given by Ellis to Wolfe had been paid and the $550.00 mortgage cancelled, a discharge of the original mortgage indebtedness is shown, and the decree for the cancellation of the $1,000.00 mortgage is affirmed.”
This quote summarizes the court's finding that the mortgage debt was satisfied and affirms the lower court's decision.
Wolfe held a $1,000 mortgage on 80 acres. Vernon sold a portion of this land to Ellis for $1,350, taking back a $550 note and mortgage. Wolfe released…
The full statement of facts, procedural history, and disposition for this case are member content.
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[*552] Whitfield, J.
It appears that a mortgage for $1,000.00 was executed by Vernon to Wolfe covering 80 acres of land. Vernon sold tó Ellis a portion of the land for $1,350.00, $800.00 in cash and note and mortgage for $550.00. Wolfe released that portion of the land from his mortgage and received $450.00 in money and a mortgage from Ellis on the released property for $550.00. In a suit by Wolfe’s administratrix to enforce against Vernon the original mortgage on the lands not released by Wolfe, for an alleged balance due, the defendant claimed the discharge of the mortgage by the payment of $450:00 and the execution by Ellis of the $550.00 mortgage to Wolfe. A cancellation of the mortgage was prayed.
As it appears that' Wolfe received $450.00 on his mortgage, and that the note for $550.00 given by Ellis to Wolfe had been paid and the $550.00 mortgage cancelled, a discharge of the original mortgage indebtedness is shown, and the decree for the cancellation of the $1,000.00 mortgage is affirmed.
Browne, C. J., and Taylor, Ellis and West, J. J., concur.