Judges: PER CURIAM.
Attorneys: Randolph Calhoun, for Appellants;
John Fite Robertson, for Appellees.
Filed: Nov. 25, 1941
Latest Update: Mar. 02, 2020
Summary: In November, 1926, John and Rosa Joyner executed a mortgage to Joseph C. Bernard covering properties therein described in Sarasota County. In June, 1938, the mortgage being in default, Bernard filed his bill to foreclose in which appellants and others who were permitted to intervene were designated as parties defendant. The bill was answered wherein the validity of the mortgage was challenged and an accounting was prayed for. A master was appointed to take testimony and make findings. He recomme
Summary: In November, 1926, John and Rosa Joyner executed a mortgage to Joseph C. Bernard covering properties therein described in Sarasota County. In June, 1938, the mortgage being in default, Bernard filed his bill to foreclose in which appellants and others who were permitted to intervene were designated as parties defendant. The bill was answered wherein the validity of the mortgage was challenged and an accounting was prayed for. A master was appointed to take testimony and make findings. He recommen..
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On petition for rehearing, it is urged that the Court overlooked important considerations in reference to each question adjudicated. We are not impressed with any of these contentions except that as to accounting. If as a matter of fact $10,057.13 was paid on the mortgage after which the mortgaged property remained in the hands of the mortgagee for a number of years during which it paid a substantial income, the appellants here should not be charged with derelictions in management on the part of the appellee.
The petition for rehearing is accordingly granted and the cause reversed with instructions to the chancellor to re-examine the matter of accounting between
the parties, give the appellants credit for all rents and profits that accrued or should reasonably have accrued, and all amounts paid otherwise on the mortgage, and give the appellee credit for necessary betterments and other expenses reasonably incurred, strike a balance between them and give his judgment accordingly.
It is so ordered.
BROWN, C. J., TERRELL, CHAPMAN and THOMAS, J. J., concur.
