Dundee Naval Stores Co. v. McDowell

Citations

• 65 Fla. 15
• 61 So. 108
• 1913 Fla. LEXIS 400

Syllabus

<p>1. The rights of persons who have an interest in the subject matter of the litigation, whether legal or equitable, cannot be adjudicated or affected by a decree rendered in a suit to which they were not made parties.</p> <p>2. Any one who has an interest in land that is mortgaged, and would be a loser by a foreclosure, is entitled to pay off the mortgage lien. -The bolder of a clnly recorded lease for turpentine purposes may do so.</p> <p>8. Where different persons iiave rights or interests in specific land, the foreclosure of a mortgage upon the land affects the rights and interests of only such persons as are made parties actually or constructively to the foreclosure proceeding. An owner of the title may be cut off by foreclosure against him, but one having a duly recorded lease upon the land but not made a party to the foreclosure proceeding is not affected thereby.</p> <p>Shackleford, C. J., dissents.</p>