Judges: BUFORD, J. —
Attorneys: Archie Clement, for Appellants;
Orvil L. Dayton, Jr., for Appellees.
Filed: Jun. 14, 1934
Latest Update: Mar. 02, 2020
Summary: In 1929 the appellees here brought to this Court for review a final decree in the case of John J. Phare and wife, Elizabeth Gregory Phare, v. Warner E. Randall. See 97 Fla. 858 , 122 So. 217 . The decree in that case provided, amongst other things: "That the said defendants, John J. Phare and Elizabeth Gregory Phare, at the time of the filing of said bill and of the allowance of the said amendment of February 8, 1926, were the owners of certain lots and of certain personal property both of which
Summary: In 1929 the appellees here brought to this Court for review a final decree in the case of John J. Phare and wife, Elizabeth Gregory Phare, v. Warner E. Randall. See 97 Fla. 858 , 122 So. 217 . The decree in that case provided, amongst other things: "That the said defendants, John J. Phare and Elizabeth Gregory Phare, at the time of the filing of said bill and of the allowance of the said amendment of February 8, 1926, were the owners of certain lots and of certain personal property both of which ..
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I concur in the general proposition contended for by Chief Justice Davis. But upon reading the opinion of the former appeal it indicates that this entireties property (the note and mortgage executed
by Frances Lindsley) was not involved in that case and that the court had no jurisdiction over it. The case was a simple mortgage foreclosure on real estate. A deficiency decree was rendered against Jno. J. Phare, and the court reached out without any power or jurisdiction so to do, and ordered the sale of other property held by Jno. J. Phare and his wife in an estate by entireties to satisfy the deficiency decree. This part of the decree was absolutely void for want of jurisdiction. See 97 Fla. 858, 860.
