Endel & Son v. Walls

Citations

• 16 Fla. 786

Syllabus

<p>1. Where parties holding a deed executed for the purpose of securing them for money due and advances to be made, and they on delivery of the deed gave to the grantor an agreement to convey to the grantor, on payment of a sum named, the interest of the grantees is a mortgage interest; and if they have taken possession of the premises against the consent of the grantor, and without foreclosure, his proper remedy against them is at law, and not in equity, to recover the possession.</p> <p>2. The fact that complainant’s property was taken possession of by a mortgagee without foreclosure, while complainant was in custody of a committee as an adjudged lunatic, does not give him, after the restoration of his reason, a right to recover possession of his land by bill in chancery.</p>