[Download] "Bank Jennings v. W. P. Jennings" by Supreme Court of Florida * Book PDF Kindle ePub Free
eBook details
- Title: Bank Jennings v. W. P. Jennings
- Author : Supreme Court of Florida
- Release Date : January 15, 1916
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
WHITFIELD, J. -- Suit was brought by the mortgagee bank to correct an error in the date of a certificate of the acknowledgment of the execution of a mortgage and to foreclose the mortgage upon real estate alleged to have been given by the appellees husband and wife. The defendants filed the following plea: That the property was ""at the time of the purported execution of the alleged deed of Mortgage and sometime prior thereto, and is now the homestead of these defendants, and upon which these defendants did then reside, and upon which these defendants does now reside, that these defendants has never conveyed the same to the complainant as is claimed in its bill of complaint herein, that neither of these defendants ever acknowledged the execution of the mortgage herein attempted to be foreclosed, and that the certificate of K. K. Powell thereto attached is false."" This plea was sworn to by each of the defendants. The bill of complaint was amended so as to allege matters of estoppel. The answer filed had reference to the amendment to the bill of complaint. Replications to the plea and answer were filed and testimony taken. The bill of complaint was dismissed on final hearing, but a rehearing was granted, and in a subsequent decree a foreclosure was decreed ""except as regards to the inchoate dower rights of the wife. c An appeal was taken by the complainant from both decrees.