Cheves v. First National Bank

Citations

• 79 Fla. 34
• 83 So. 870

Syllabus

<p>I. . When a renewal note is given for the purchase price of land such renewal note does not change the character of the original debt. The renewal note is neither a payment of the old nor the _ creation of a new indebtedness unless the parties have expressly agreed to that effect.</p> <p>2. A judgment is not a lien upon land to which the judgment debtor has no legal title.</p> <p>3. A mortgage upon land for the purchase price of it executed at the same time that the deed therefor is executed so that they form one transaction, constitutes a superior lien úpon the land to that of judgments obtained prior to the execution of the deed.</p> <p>4. A mortgage upon land given by the purchaser of it to secure the payment of the purchase money, simultaneously with the conveyance to him, does not necessarily lose its character as a purchase money mortgage merely because it is taken in the name of a third person set the vendor’s request.</p>