Farmers Union Warehouse Co. v. T. L. Wells & Bros.

Citations

• 65 Fla. 350
• 61 So. 745

Syllabus

<p>1. Where the plaintiffs below in one count of their declaration allege the existence of a mortgage as a part of their case, and the sufficiency of such count is not tested by demurrer or otherwise, but defendant rested its defence on a plea denying the facts set up in the count, the defendant is in no condition to object to the introduction of the mortgage in evidence on the grounds of its immateriality or irrelevancy.</p> <p>2. Where a mortgage embraces all the personal property of the mortgagor owned by him when it was executed “and also the full cut of the mill pine and cypress,” such language is too vague and general to be goodxas to third parties as a lien on lumber cut after the mortgage was executed.</p> <p>3. The plaintiff has the right to introduce evidence to prove the allegation of his declaration on which issue has been joined.</p> <p>4. A widow as such has no authority to turn over the assets of her deceased husband’s estate to one of her husband’s creditors, and in a suit by such creditor against a third party for the value of lumber so turned over by the widow, such third party is not prohibited by Section 1505, Gen. Stats, of 1906, from 'testifying that he bought the lumber from the deceased husband and paid him for it.</p>