REALTY HOLDING CORPORATION, A FLORIDA CORPORATION, PLAINTIFF IN ERROR,
v.
H. W. NOGGLE, L. L. KIRKPATRICK AND C. S. BORDERS, DEFENDANTS IN ERROR

Fla. | 1929-04-25
Whitfield, P. J., and Strum and Buford, J. J., concur., Terrell, C. J., and Ellis and Brown, J. J., concur in the opinion and judgment.
97 Fla. 643 Florida Supreme Court (1929) Positive Treatment
Cited by 4 cases
Opinion of the Court
Per Curiam.

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs 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 is considered by the Court that the judgment should be reversed on authority of the opinion in the ease of J. N. Ackley, plain tiff in error, v. H. W. Noggle et al, defendants in error, decided at this term of the Court and it is so ordered.

Reversed.

Whitfield, P. J., and Strum and Buford, J. J., concur. Terrell, C. J., and Ellis and Brown, J. J., concur in the opinion and judgment.

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Citator

Cited By

  • Am. Sur. Co. of N.Y. v. R. Nelson Smith in Bankr. for Jacksonville Marble & Tile Co., 100 Fla. 1012 (Fla. 1930)
    …See Starbird v. Cranston, 48 Pac. R. 652; Hughes v. Oregon R. & Nav. Co., 5 Pac. R. 206; Tapscott v. McVey, 81 Atl. R. 348, affirmed 85 Atl. R. 343. The view just stated harmonizes with the former holding of this Court in Realty Mtg. Co. v. Noggle, 97 Fla. 643, 121 So. R. 883, which was an action at law by a mortgagee against a grantee who had knowingly accepted a deed of conveyance containing a covenant of assumption of the mortgage debt. By a per curiam order, this Court, upon authority of Ackley v. Nog…
  • Whitfield v. Webb, 100 Fla. 1619 (Fla. 1931)
    …nveyance to him, assumes and agrees to pay a note secured by an existing mortgage on the land, becomes personally liable for such mortgage debt, and may be sued directly in an action at law by the holder of the note. In Realty Holding Co. v. Noggle, 97 Fla. 643, 121 So. R. 883, the rule just stated was applied, though the decision was without opinion. See also Slottow v. Hull Inv. Co., 129 So. R. 577; Starbird v. Cranston, 48 Pac. R. 652; Smith v. Davis, 186 Pac. R. 519; Morris v. Fidelity Mtge. Co. (Ala.)…

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