HUNTER
v.
DEADERICK, ET AL.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this 1953 case, a Florida court refused to enforce a quitclaim deed transferring the plaintiff's real estate to the defendant in exchange for $100, finding the transaction unconscionable and inequitable. The court determined the defendant held the property as security for the original debt and ordered the property returned to the plaintiff upon payment of the debt amount.
The court held that the quitclaim deed transaction was unconscionable and inequitable and therefore should not be enforced. The defendant continues to hold title as security for the original debt, which now totals $1,123.50 including interest. Upon the plaintiff's payment of this amount, the property shall revert to the plaintiff free and clear of the defendant's claims.
“It seems unconscionable and inequitable to now approve and ratify a transaction whereby defendant, under the circumstances shown by this record, obtained absolute and indefeasible title to plaintiff's real estate for a consideration of $100.”
Establishes the court's primary rationale for refusing to enforce the quitclaim deed based on unconscionability and inequity.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePrior to February 7, 1951, plaintiff and defendant Deaderick had a debtor-creditor relationship, with defendant holding title to plaintiff's real esta…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Security For Debt cases and more on FLexlaw
This cause came on for the entry of a final decree upon the pleadings, testimony taken orally before the court, and argument of counsel.
The outcome of this case depends upon a determination of the effect of the execution and delivery on February 7, 1951, of a quitclaim deed by plaintiff to defendant Deaderick for a consideration of $100 then paid by defendant to plaintiff. Unquestionably, prior to that time the relation of debtor and creditor existed between the parties, and defendant held title to plaintiff’s real estate as security for a debt of $897.67, inclusive of interest.
A conservative estimate of the market value of the real estate at that time is approximately $5,000. Plaintiff is an ignorant and inexperienced member of the negro race. During the time he was dealing with the defendant he was constantly without money, and was frequently borrowing small sums from defendant. It seems unconscionable and inequitable to now approve and ratify a transaction whereby defendant, under the circumstances shown by this record, obtained absolute and indefeasible title to plaintiff’s real estate for a consideration of $100. See Stovall v. Stokes (Fla.), 115 So. 828.
Accordingly, the court finds that defendant now holds title to said real estate as security for a debt, and that the amount of the obligation from plaintiff to defendant, including interest, is now $1,123.50.
*38The court finds that the defendant, First Federal Savings & Loan Association of Delray Beach, is an innocent and bona fide holder of its mortgage, but that defendant Deaderick is primarily, liable for the balance due on account of said mortgage.
It is ordered and decreed that within 45 days from this date plaintiff shall pay or cause to be paid to the defendant First Federal Savings & Loan Association of Delray Beach, for the account of the defendant Deaderick, and to be applied in discharge of said mortgage encumbering the real estate involved in this cause, the sum of $1,123.50, together with interest thereon at a rate of 6% per annum from this date to the date of such payment; that immediately upon receipt of such payment the defendant savings and loan association shall notify the defendant Deaderick in writing of such receipt, and within 15 days after receiving such written notice defendant Deaderick shall pay to the association the balance then remaining due and owing on said mortgage, which shall thereupon stand satisfied and discharged of record, and the title to the real estate shall revert to and become vested in plaintiff, free and clear of any claim, right or title of the defendants; all subject to the further order of the court. Court costs are assessed against the plaintiff.