ALABAMA-FLORIDA CO.
v.
H. MAYS, ET AL.

Fla. | 1933-09-11
Whitfield, P. J., and Brown and Buford, J. J., concur.
111 Fla. 783 Florida Supreme Court (1933) Positive Treatment
Also reported at: 149 So. 661
Cited by 6 cases
Opinion of the Court
Per Curiam.

Per Curiam.

This case is a companion case and involves the same questions of law which were involved in the case of Alabama-Florida Company, a corporation, etc., v. H. Mays and Lula Mays, et al., in which opinion and judgment was filed in this Court on June 15, 1933, and found on page 100 of this Report (149 So. 61).

The order appealed from here should be affirmed on authority of the opinion and judgment in that case. It is so ordered.

Affirmed.

Whitfield, P. J., and Brown and Buford, J. J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Spinney v. Winter Park Bldg. & Loan Ass'n, 120 Fla. 453 (Fla. 1935)
    …fense. The answer shows that the conveyance to the answering defendants was made and executed after the mortgage, and therefore, the conveyance to the answering defendants was made subject to the mortgage lien. In Ala-Fla. Co. v. Mays, 111 Fla. 100, 111 Fla. 783 (149 So. 61 and 149 Sou. 661), we said: (See text, 111 Fla. 108). “It is conceded that where a grantee takes a conveyance subject to a mortgage he will be presumed to have included the mortgage debt in the purchase price. Pomeroy Eq. Jur. (3rd Ed.)…
  • Zimmerman v. Hill, 100 So. 2d 432 (Fla. 3d DCA 1958)
    …hancellor below relied upon Spinney v. Winter Park Building & Loan Ass’n, 120 Fla. 453, 162 So. 899, on pages 903, 904, wherein the court stated: “* * * In Alabama-Florida Co. v. Mays, 111 Fla. 100, text 108, 149 So. 61, 64 [91 A.L.R. 139] and Id., 111 Fla. 783, 149 So. 661, we said: ‘It is conceded that, where a grantee takes a conveyance subject to a mortgage, he will be presumed to have included the mortgage debt in the purchase price. Pomeroy Eq.Jur. (3rd Ed.) vol. 3, § 1205; Shuler v. Hardin, 25 Ind.…
  • Calder v. Richardson, 118 F.2d 249 (5th Cir. 1941)
    …; Mississippi Valley Trust Co. v. Bussy, 5 Cir., 49 F. 2d 881; Slottow v. Hull Inv. Co., 100 Fla. 244, 129 So. 577; Ackley v. Noggle, 97 Fla. 640, 121 So. 882; Brownson v. Hannah, 93 Fla. 223, 111 So. 731, 51 A.L.R. 976; Alabama-Florida Co. v. Mays, 111 Fla. 783, 149 So. 661.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw