JAMES P. FRANZEN AND CHARLES HIME,

v.

MYRTLE BUCKHOLTZ, A SINGLE WOMAN

Citator

Cited By

• Smith v. Exerdell B. Martin and Albert C. Martin, 186 So. 2d 16 (Fla. 1966)
  …Article XI, would be no more strained than a holding that if execution of a mortgage to secure the purchase price is faulty still the land may be .subjected to the debt, as we held in Highland Crate Cooperative v. Guaranty Life Ins. Co. of Florida, 154 Fla. 332, 17 So. 2d 515. We repeat here what we said there:, “The principle of estoppel would in such a situation immediately suggest itself.” We find ourselves in disagreement with the chancellor though we are certain he undertook to adhere meticulously to…
• Atl. Fed. Sav. & Loan Ass'n OF Fort Lauderdale v. Kitimat Corp., 143 So. 2d 719 (Fla. 2d DCA 1962)
  …in the nature of an equitable mortgage. The form of the contract is immaterial, provided the intent to create a security appears: ‡ * * >» In further support of this principle, see Highland Crate Cooperative v. Guaranty Life Ins. Co. of Fla., 1944, 154 Fla. 332, 17 So. 2d 515; and Alabama-Florida Co. v. Mays, 1933, 111 Fla. 100, 149 So. 61, 91 A.L.R. 139. The cases that are cited support a holding that the chancellor was correct in decreeing an equitable mortgage lien in the instant case, but since we coul…