Betts Naval Stores Co. v. Whitton

Citations

• 71 Fla. 348
• 71 So. 281

Syllabus

<p>x. A mortgage given upon Government land which had been entered as a homestead and for which the entryman had made final proof and received a final certificate, but before there was an issuance of the patent, is valid, notwithstanding section 2296 of the Revised Statutes of the United States, which provides that no government lands acquired as homesteads shall, in any event, become liable to the satisfaction of any debt or contract prior to the issuance of the patent therefor; the purpose of said statute being the protection of the entryman, and to prevent the involuntary appropriation of the land to the satisfaction of debts incurred prior to the issuance of the patent.</p> <p>2. Where a separate appeal from a final decree has been entered by one of the defendants, but no brief has been filed on the part of such appellant the decree appealed from may be affirmed as to such appellant.</p>