Missouri State Life v. Lakeland Star-Telegram, (1933)
Court: Supreme Court of Florida
Number:
Visitors: 6
Judges: BUFORD, J. —
Attorneys: Norman S. Stone and Frank Hursey, for Appellant;
Edwards Marchant, for Appellee.
Filed: Jul. 13, 1933
Latest Update: Mar. 02, 2020
Summary: In this case the appellant, who was complainant in the court below, filed bill to foreclose a certain mortgage constituting a first lien on the property embraced in the mortgage. Charles I. Dwiggins of Lakeland, Florida, as Liquidator for Lakeland State Bank Trust Company, a banking corporation under the laws of Florida, was made a party defendant. Lakeland Star-Telegram was the mortgagor. It was alleged in the bill that: *Page 417 "X. That under date of the _ day of August, A.D. 1927, the said
Summary: In this case the appellant, who was complainant in the court below, filed bill to foreclose a certain mortgage constituting a first lien on the property embraced in the mortgage. Charles I. Dwiggins of Lakeland, Florida, as Liquidator for Lakeland State Bank Trust Company, a banking corporation under the laws of Florida, was made a party defendant. Lakeland Star-Telegram was the mortgagor. It was alleged in the bill that: *Page 417 "X. That under date of the _ day of August, A.D. 1927, the said L..
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I do not regard Sec. 6068 C. G. L. as providing any hard and fast rule on the question discussed. See Chapter 13576, '29. A measure of discretion was evidently provided for in view of which the Act discussed in the opinion is not necessarilyultra vires.
Source: CourtListener
