Jackson v. H. W. Wade Mfg. Co., Inc., (1931)
Court: Supreme Court of Florida
Number:
Visitors: 10
Judges: BUFORD, C.J. —
Attorneys: McCune, Hiaasen Fleming, for Appellant;
Rogers Morris, for Appellee.
Filed: Sep. 19, 1931
Latest Update: Mar. 02, 2020
Summary: The appeal here is from an order appointing a receiver to take possession of certain personal property upon which the complainant claimed a chattel mortgage lien. The complainant sold Jackson and Harrison certain fixtures for a restaurant and retained the title to the fixtures sold. Harrison sold out his interest to Jackson. Jackson filed petition in bankruptcy and there was set aside to him as his homestead exemption the personal property here sought to be subjected to foreclosure. The only lan
Summary: The appeal here is from an order appointing a receiver to take possession of certain personal property upon which the complainant claimed a chattel mortgage lien. The complainant sold Jackson and Harrison certain fixtures for a restaurant and retained the title to the fixtures sold. Harrison sold out his interest to Jackson. Jackson filed petition in bankruptcy and there was set aside to him as his homestead exemption the personal property here sought to be subjected to foreclosure. The only lang..
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There is nothing in the instrument here in question to show that it was a mortgage on any of the property therein, as was the case in Mizell Live Stock Co. v. McCaskill Co., 59 Fla. 322, 51 So. 547. It is clearly, on its face, a conditional sales contract, retaining title in the vendor. Without any language indicating an intention to create a mortgage, I cannot see how the mere inclusion in the description of the property of certain articles which were not sold by the vendor to the vendee could change the character of the instrument.
Source: CourtListener
