Judges: PER CURIAM. —
Attorneys: F. B. Coogler, for Appellants;
R. B. Sturkie, for Appellee.
Filed: Jul. 26, 1930
Latest Update: Mar. 02, 2020
Summary: The complainant filed a bill for the foreclosure of a mortgage upon real estate and also upon "any and all machinery, tools and appurtenances comprising the plant of the Hernando Hard Rock Co. (the mortgagor) and any equipment that might be placed on said property during the life of this mortgage." About a year after the execution *Page 309 and delivery of the mortgage, the mortgagor and one I. Berner, leased the property to D. B. Gore, agreeing therein to give him the right to construct a plant
Summary: The complainant filed a bill for the foreclosure of a mortgage upon real estate and also upon "any and all machinery, tools and appurtenances comprising the plant of the Hernando Hard Rock Co. (the mortgagor) and any equipment that might be placed on said property during the life of this mortgage." About a year after the execution *Page 309 and delivery of the mortgage, the mortgagor and one I. Berner, leased the property to D. B. Gore, agreeing therein to give him the right to construct a plant ..
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The 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 decreed by the Court that the order of the Court below should be, and the same is hereby, affirmed, and the cause remanded for further proceedings.
TERRELL, C. J. and WHITFIELD, ELLIS, STRUM and BUFORD, JJ., concur.
BROWN, J., not participating.