GEORGE W. GREEN, RICHARD H. KNAPP, ET UX.,
v.
WM. L. FREDRICKSEN, ED. L. HOSFORD, J. J. PITCHFORD, AS TRUSTEES AND DIRECTORS FOR STUART DEVELOPMENT COMPANY
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This case involved a suit in equity seeking to enjoin a mortgage foreclosure, declare the mortgage satisfied, establish ownership of certain lands, and seek damages. The Florida Supreme Court affirmed the lower court's decision, finding no reversible error.
The Florida Supreme Court held that no reversible error was shown to have been committed by the lower court.
“This was a suit in equity to enjoin the foreclosure of a mortgage, to find and decree that said mortgage has been satisfied, to decree that appellants who were defendants below are the fee simple own'ers of certain of the lands described in the mortgage, and to decree damages in favor of complainants.”
Describes the nature and objectives of the lawsuit filed in the lower court.
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Join FLexlaw to unlock all legal intelligenceThe appellants (defendants below) were sued in equity by the appellees (complainants below). The suit sought to enjoin the foreclosure of a mortgage, …
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-This was a suit in equity to enjoin the foreclosure of a mortgage, to find and decree that said mortgage has been satisfied, to decree that appellants who were defendants below are the fee simple own'ers of certain of the lands described in the mortgage, and to decree damages in favor of complainants.
*863There was much pleading which we do not deem essential to detail as an' opinion discussing the questions raised would serve no useful purpose. The record and the briefs have been examined, and no reversible error is shown to have been committed.
The judgment below is accordingly affirmed.
Affirmed.
■ Terrell, C. J., and Wi-iitfield, Brown and Buford, J. J., concur.
Tiiomas, J., disqualified.
Justice Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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Knapp v. Fredricksen, 4 So. 2d 251 (Fla. 1941)…[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 313 This is the third appearance of this cause here. See Green,et al. v. Fredricksen, 139 Fla. 862, 191 So. 14; Fredricksen v. Knapp, 1 So. 2d 181. After the mandate went down affirming the decree of foreclosure Richie Knapp filed petition to be allowed to intervene and set up a claim of title to the property involved. Petition was denied with l…
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Monira C. Knapp v. Wm. L. Fredricksen, 146 Fla. 239 (Fla. 1941)…obtain a loan thereon because of the alleged defective title so conveyed. Attached to the counter claim were a number of exhibits, inclusive of copies of the record in the case of Green, et al., v. Fredrickson, decided by this Court and reported in 139 Fla. 862, 191 So. 14. After the institution of the foreclosure suit and before the entry of the final decree, Richard H. Knapp died and the foreclosure was continued against Monira C. Knapp, wife of Richard PI. Knapp. On April 5, 1940, the lower court decre…1 / 2