Marion Mtg. Co. v. Grennan, (1932)
Court: Supreme Court of Florida
Number:
Visitors: 5
Judges: PER CURIAM. —
Attorneys: Redfearn Ferrell, for Appellant;
Donald Nelson and Wilson Trammell, for Appellees.
Filed: Oct. 04, 1932
Latest Update: Mar. 02, 2020
Summary: This cause is here upon appeal from an order of the Circuit Court dismissing a bill of foreclosure, filed by the appellant as assignee of the mortgage which had been placed upon improved real estate by the owner (mortgagor) after said owner executed and delivered a contract for deed on the same property to a purchaser who had, at the time of said mortgage, been in adverse possession and occupancy for nearly two years without default. The main facts, in substance, are that the Merchants Realty Co
Summary: This cause is here upon appeal from an order of the Circuit Court dismissing a bill of foreclosure, filed by the appellant as assignee of the mortgage which had been placed upon improved real estate by the owner (mortgagor) after said owner executed and delivered a contract for deed on the same property to a purchaser who had, at the time of said mortgage, been in adverse possession and occupancy for nearly two years without default. The main facts, in substance, are that the Merchants Realty Com..
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The allegations of the bill, averments of the answer and the evidence fully sustain the decree. The questions discussed are not involved. There was unbroken possession and claim of right from Reed to Grennan, and the mortgage
as to Reed originally was void, as much so as a deed of conveyance would have been. Then how was life breathed into it as against Grennan?
Source: CourtListener
