Herrin v. Abbe

Citations

• 55 Fla. 769

Syllabus

<p>1. In an equity proceeding a cross bill may upon proper showing be filed before hearing where it appears that the suit as instituted is insufficient to bring before the court all matters necessary to enable it fully to decide the rights of all the parties. Where matters set up in a cross bill are equally available against the complainant by an answer to the original bill, a cross bill is unnecessary.</p> <p>2. A parol agreement by the grantee, at the time of taking a deed of conveyance to real estate, that he will assume the mortgage indebtedness upon the property as a part of the consideration of the conveyance may be enforced in equity by the mortgagee.</p> <p>3. The privilege growing out of the relation of attorney and client is for the benefit of the client, and it extends to communications between them as to legal matters made for the purpose of professional aid or advice. Communications between attorney and client concerning an indebtedness of the client to the attorney are not ordinarily within the privilege.</p> <p>4. Where a deed conveying real estate has been accepted, testimony as to declarations made by the grantee prior to accepting the deed as to the true consideration of the deed is in general not admissible.</p> <p>5. Where a deed of conveyance recites a consideration of “one dollar and other valuable considerations,” the statement as to the consideration is not complete and the true consideration may he shown by parol.</p> <p>6. A promise by the purchaser of lands that are subject to mortgages, to assume and pay off the encumbrances as a part of the consideration or purchase price is not required to be in writing as it is not a promise to pay the debt of another, but is a promise to pay to a third party the debt the grantee owes the grantor. The fact that in thus paying his own debt the grantee incidentially discharges the debt of his grantor to another does not bring the promise within the statute of frauds.</p> <p>7. A provision in a deed of co