Judges: PER CURIAM. —
Attorneys: Marks, Marks, Holt, Gray Yates, for Appellant;
Knight, Adair, Cooper Osborne, H. P. Adair, P. L. Gaskins, J. Henson Markham, W. M. Bostwick, Jr., and Joseph M. Glickstein, for Appellees.
Filed: Aug. 10, 1934
Latest Update: Mar. 02, 2020
Summary: The complainant below, Grant Van Sant, as substitute Trustee, brought his bill of complaint in the Circuit Court for Duval County, Florida, to enforce the lien of and foreclose a certain trust deed covering described *Page 160 lands situate in said county, in which mortgage or trust deed appeared as defendant below, Duval Cattle Company, as the sole signer and mortgagor. It was alleged that the trust deed was given to secure certain notes or bonds made and signed by the defendant Duval Cattle Co
Summary: The complainant below, Grant Van Sant, as substitute Trustee, brought his bill of complaint in the Circuit Court for Duval County, Florida, to enforce the lien of and foreclose a certain trust deed covering described *Page 160 lands situate in said county, in which mortgage or trust deed appeared as defendant below, Duval Cattle Company, as the sole signer and mortgagor. It was alleged that the trust deed was given to secure certain notes or bonds made and signed by the defendant Duval Cattle Com..
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I do not agree to the postulate that the Act of the Legislature of 1927, Chapter 12325, did not affect the validity of the contract as "nothing is more material to the obligation of a contract than the means of its enforcement. The ideas of validity and remedy are inseparable." Language quoted by the Supreme Court of the United States in Tennessee, ex rel.
Bloomstein v. Sneed, 96 U.S. 69, 24 L. Ed. 610. I do not wish to file the opinion prepared by me in this case as a dissenting opinion because the views of the majority of the Court as expressed above do not accord with the views expressed by me in the opinion prepared by me and there is no probability of an agreement.
