GUSSIE LEE BRANNON, GUSSIE LEE BRANNON, AS EXECUTRIX OF THE ESTATE OF L. H. BRANNON, DECEASED, APPELLANT,
v.
CHARLES C. MAKIN, APPELLEE
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 mortgage foreclosure appeal, the court affirmed the lower court's decree against both spouses, holding that the decree was not a personal judgment against the wife (who did not sign the promissory note) but rather a determination of the amount secured by the mortgage on property both had mortgaged.
The foreclosure decree was properly entered against both spouses because it was not a personal money judgment but merely a determination of the amount the mortgage was intended to secure, and execution could not be issued upon it as a personal judgment.
“This was not a personal decree, or a money judgment, upon which an execution could be issued.”
Establishes that the foreclosure decree determines the amount secured by the mortgage rather than imposing personal liability on the wife.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCharles Makin conveyed an undivided interest in Palm Beach County land to L. H. Brannon and his wife Gussie Lee Brannon for $25,000, evidenced by a pr…
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 Purchase Money Mortgage cases and more on FLexlaw
Charles Makin conveyed an undivided interest in certain lands in Palm Beach County, Florida, to L. H. Brannon and Gussie Lee Brannon, his wife, for a consideration of $25,000.00, evidenced by a promissory note executed only by L. H. Brannon. The payment of this promissory note was secured by a purchase money mortgage upon the undivided interest in the land conveyed, executed by both L. H. Brannon and Gussie Lee Brannon. The note became in default, and Makin brought an action to foreclose his mortgage. There was a decree in his favor and the Brannons appealed. L. H. Brannon is now dead, and Gussie Lee Brannon, as executrix of the estate of L. H. Brannon, has been substituted as a party appellant in his stead.
*484The final decree contains the following provision:
"There is due to the Plaintiff, CHARLES C. MAKIN, from the Defendants, L. H. BRANNON and GUS-SIE LEE BRANNON, his wife, TWENTY TPIOUSAND THREE HUNDRED THIRTY DOLLARS AND 01/100 ($20,330.01) as unpaid principal of the indebtedness agreed to be paid in the mortgage herein foreclosed, ONE THOUSAND TWO HUNDRED TWENTY DOLLARS ($1,220.00) as interest on that principal from June 1, 1961, to June 1, 1962, THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00) for attorneys fees, and TWENTY-SIX DOLLARS and 20/100 ($26.20) as filing fee and sheriff’s costs, making a total sum of TWENTY-FIVE THOUSAND SEVENTY-SIX DOLLARS and 21/100 ($25,076.21) due to the Plaintiff, CHARLES C. MAKIN, by the Defendants, L. H. BRANNON and GUSSIE LEE BRANNON, his wife.”
The appellants insist that this constitutes a personal decree against Gussie Lee Bran-non, and is erroneous since she did not execute the note secured by the mortgage. There is no merit in this contention. This was not a personal decree, or a money judgment, upon which an execution could be issued. Scott v. Russ, et al., 21 Fla. 260; Brevard Naval Stores Company v. Commercial Bank of Jacksonville, 67 Fla. 281, 64 So. 943. It was only a determination of the amount due which the mortgage was intended to secure.
The other assignment of error involves the chancellor’s determination of a question of fact. There is no reason to reverse his findings.
The final decree is affirmed.
KANNER, Acting C. J., and SHANNON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Scott v. Russ, 21 Fla. 260 (Fla. 1885)
- Brevard Naval Stores Co. v. The Commercial Bank of Jacksonville, 67 Fla. 281 (Fla. 1914)