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>
Judges: Cockrell, Hooker, Shackleford, Taylor, Whitfield
Read full opinion on CourtListenerCited by
9 cases in this archive cite this case.
- John Stepp, Inc. v. FIRST FED S. & L. ASS'NDistrict Court of Appeal of Florida· 1980-01-04· cited 16×
- Crystal River Lumber Co. v. Knight Turpentine Co.Supreme Court of Florida· 1915-03-04· cited 11×
- Riley v. GrissettDistrict Court of Appeal of Florida· 1990-01-31· cited 7×
- Burns v. BANKAMERICA NAT. TRUST CO.District Court of Appeal of Florida· 1998-10-30· cited 7×
- Commercial Laundries, Inc. v. GOLF COURSE TOW. ASSOCIATESDistrict Court of Appeal of Florida· 1990-10-16· cited 6×
- Redding v. STOCKTON, WHATLEY, DAVINDistrict Court of Appeal of Florida· 1986-04-03· cited 6×
- Morris v. OsteenDistrict Court of Appeal of Florida· 2007-01-19· cited 5×
- Commercial Laundries of West Florida, Inc. v. Tiffany Square Investors Ltd. PartnershipDistrict Court of Appeal of Florida· 1992-08-14· cited 2×
- Perez v. KossowDistrict Court of Appeal of Florida· 1992-08-04· cited 1×
Cites
23 cases in this archive are cited by this case; the 20 most cited are listed.
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida· 1907-01-15· cited 120×
- Key West Wharf & Coal Co. v. PorterSupreme Court of Florida· 1912-01-15· cited 52×
- McClusky v. TrusselMississippi Supreme Court· 1907-03-15· cited 36×
- Richbourg v. RoseSupreme Court of Florida· 1907-01-15· cited 35×
- Florida Land Rock Phosphate Co. v. AndersonSupreme Court of Florida· 1905-06-15· cited 33×
- Moore v. LanierSupreme Court of Florida· 1906-06-15· cited 31×
- City of Olando v. Equitable Building & Loan Ass'nSupreme Court of Florida· 1903-01-15· cited 29×
- McNair & Wade Land Co. v. AdamsSupreme Court of Florida· 1907-06-15· cited 29×
- Robinson v. HoweSupreme Court of Florida· 1895-01-15· cited 23×
- Lockhart v. Ward, Dewey & Co.Texas Supreme Court· 1876-07-01· cited 20×
- Peninsular Naval Stores Co. v. CoxSupreme Court of Florida· 1909-01-15· cited 20×
- Sarasota Ice, Fish & Power Co. v. Lyle & Co.Supreme Court of Florida· 1907-01-15· cited 19×
- McDermott v. BurkeCalifornia Supreme Court· 1860-07-01· cited 18×
- Florida Ass'n v. StevensSupreme Court of Florida· 1911-01-15· cited 16×
- Jacksonville Electric Co. v. SchmetzerSupreme Court of Florida· 1907-01-15· cited 15×
- Wilmott v. Equitable Building & Loan Ass'nSupreme Court of Florida· 1902-06-15· cited 12×
- McGregor v. KellumSupreme Court of Florida· 1905-06-15· cited 12×
- Cawthon v. Stearns Culver Lumber Co.Supreme Court of Florida· 1910-06-15· cited 11×
- Brown v. MarzyckSupreme Court of Florida· 1883-01-15· cited 6×
- Fletcher v. MoriartySupreme Court of Florida· 1911-06-15· cited 6×
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