Judges: TERRELL, J. —
Attorneys: Macfarlane, Pettingill, Macfarlane Fowler, for Appellant;
Hampton Bull, for Appellees.
Filed: Sep. 20, 1932
Latest Update: Mar. 02, 2020
Summary: J. G. Beddingfield sold Lot One of Block Two, West Hyde Park subdivision, Tampa, Florida, to C. A. Marks, executing his warranty deed therefor, free and clear of all encumbrances. In payment for said lands, Marks executed to Beddingfield four promissory notes of $5,342.75 each, due in one, two, three, and four years, secured *Page 713 with a mortgage on the lands. Through numerous mesne conveyances, the title to said lands descended to Fowler Properties, Inc., each time being conveyed by warrant
Summary: J. G. Beddingfield sold Lot One of Block Two, West Hyde Park subdivision, Tampa, Florida, to C. A. Marks, executing his warranty deed therefor, free and clear of all encumbrances. In payment for said lands, Marks executed to Beddingfield four promissory notes of $5,342.75 each, due in one, two, three, and four years, secured *Page 713 with a mortgage on the lands. Through numerous mesne conveyances, the title to said lands descended to Fowler Properties, Inc., each time being conveyed by warranty..
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It seems to me that the Vatterlins stand in the position of innocent purchasers without notice of Mrs. Fowler's interest in the Beddingfield Mortgage. If there is any evidence in the record showing that when the Vatterlin's took their mortgage they had notice of Mrs. Fowler's ownership of one of the first mortgage notes, then I could concur. Counsel for appellee stoutly contest this point. It would seem that Mrs. Fowler has a good cause of action as against Beddingfield and Edwards
Lee, but I doubt if notice is shown to the Vatterlins.
