Hull v. Burr

Citations

• 58 Fla. 475

Syllabus

<p>1. A petition for a rehearing in this court which suggests nothing in the case as .presented that has not been fully considered by the court in making its decision, will be denied, the proper function of a petition for a rehearing here being to present to the court some point which it overlooked or failed to consider, by reason whereof its judgment is supposed to be erroneous.</p> <p>2. Any indefinite or uncertain allegations that may appear in a bill of complaint should be taken most strongly against the pleader.</p> <p>3. Under the statutes of this State a mortgage acquires only a specific lien on the property of another described in the mortgage, and an “instrument of writing conveying or selling .property, either real or personal, for the purpose or with the intention of securing the payment of money,” may upon its face convey title to property, subject to the provisions of the statute that it “shall be deemed and held a mortgage,” if by extrinsic facts the .statute is shown to apply.</p>