JOSEPH LEWIS, PLAINTIFF IN ERROR,
v.
THOMAS F. GRACE, DEFENDANT IN ERROR
JOSEPH LEWIS, PLAINTIFF IN ERROR,
THOMAS F. GRACE, DEFENDANT IN ERROR
101 Fla. 326
Florida Supreme Court (1931)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Tlie record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered, and adjudged by the Court that the judgment of the court below be, and the same is hereby reversed and the cause is remanded for further proceedings.
Buford, C.J., and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.
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Danielson v. Line, 135 Fla. 585 (Fla. 1938)…the debt. If the defendant does not plead it, it will not intercept the remedy on the debt. Punta Gorda Bank v. State Bank of Ft. Meade, 52 Fla. 399, 42 So. 846; Green v. Proctor and Gamble Distributing Co., 92 Fla. 396, 109 So. 471; Lewis v. Grace, 101 Fla. 326, 134 So. 41, 21 R. C. L. 659. paragraph 23. The authorities hold generally that even .though the remedy on the debt be barred by the statute, a Court of equity will not permit the debtor to recover the pledged property in the absence of an offer to…