CARRIE L. BOYNTON AND J. J. BOYNTON, HER HUSBAND, APPELLANTS,
v.
MARTHA J. WILLIAMS, JOINED BY HER HUSBAND, J. A. WILLIAMS, APPELLEES
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This case involves a dispute over a mortgage satisfaction and an equitable lien. The court modified a lower court's decree, affirming an equitable lien on real estate but reversing its inclusion of personal property.
The court held that the lower court erred in including personal property in the equitable lien. However, the decree was otherwise justified and the equitable lien on the real estate was affirmed.
“Insofar as the final decree declares and enforces a lien on personal property, consisting of a kitchen cabinet, electric refrigerator and two large earthen urns or vases, it is erroneous and should be modified by the elimination of such item therefrom.”
Establishes the court's finding that the inclusion of personal property in the equitable lien was erroneous.
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Appellee, the holder of a mortgage on real estate, under an agreement with the mortgagors, the appellants', gave to appellants a satisfaction of that mortgage, with the understanding that another mortgage, sim*369ilar in terms, amount and conditions on property delivered in exchange for that encumbered, would be executed and acknowledged in legal form incident to a transaction executed between the parties involving a mutual exchange of parcels of real estate. The property exchanged in the transaction was the sole consideration to the parties for executing and carrying out the agreement that had been made for the exchange.
When appellee undertook to foreclose her mortgage, appellants challenged the sufficiency of its execution and acknowledgment by Mrs. Boynton. Whereupon the appellee, who was complainant below, amended her bill to pray that if the mortgage lien should be held bad, that an equitable lien to the amount of the defective mortgage debt on the property traded for should be decreed. The Court granted the alternative relief and the defendants appeal from the final decree that decreed an equitable lien to the extent of the mortgage debt intended to have'been secured by the defective mortgage executed.
Insofar as the final decree declares and enforces a lien on personal property, consisting of a kitchen cabinet, electric refrigerator and two large earthen urns or vases, it is erroneous and should be modified by the elimination of such item therefrom. But in all other respects the decree appealed from is justified by the record, and should' be affirmed on the authority of Craven v. Hartley, 102 Fla. 282, 135 Sou. Rep. 899, and kindred cases therein cited.
The decree appealed from is affirmed as modified, and the cause remanded with directions to enter an amended decree to conform to this opinion. One-half of the costs of this appeal is taxed against appellee.
Modified and affirmed.
Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fogle v. Fogle, 84 So. 2d 317 (Fla. 1956)…of Jones v. Carpenter, 90 Fla. 407, 106 So. 127, 43 A.L.R. 1409; Osgood v. Osgood, 78 Mich. 290, 44 N.W. 325; Craven v. Hartley, 102 Fla. 282, 135 So. 899; Oates v. Prudential Ins. Co. of America, 107 Fla. 224, 144 So. 418, and Boynton v. Williams, 108 Fla. 368, 146 So. 663. Affirmed. DREW, C. J., and TERRELL, HOB-SON and THORNAL, JJ., concur.…
Authorities Cited
- Craven v. Hartley, 102 Fla. 282 (Fla. 1931)