J. G. White Engineering Corp. v. Peoples State Bank of Lakeland

Citations

• 81 Fla. 35
• 87 So. 753

Syllabus

<p>1. When an appellant fails to file any brief in this court, the order or decree appealed from will as to such appellant be affirmed.</p> <p>2. In a suit to foreclose a mortgage after the transfer of the mortgaged property to third parties, and after the death of the mortgagor, and the owners of the equity of redemption are made parties respondent, and there is no prayer for a personal decree, or for a residuary decree, the bill of complaint is not subject to demurrer upon tbe ground that the bill of complaint should have prayed that the estate of the deceased mortgagor be decreed to pay to the complainant the amount found to he due under the mortgage. All that was necessary was that the court decree the amount due, and that in default in the payment of the same, the mortgaged property be sold to satisfy the said decree.</p> <p>3. The mortgagee of personal property has no right to the possession of the mortgaged property until he has foreclosed his mortgage, and has outbid all others for the property at the foreclosure sale. The mortgagor is entitled to retain both the title to and the possession of the mortgaged property, until this right is taken from him by order of the court in foreclosure proceedings.</p> <p>4. In determining whether or not a pleading in an equity proceeding is subject to demurrer, resort can be had only to matters appearing upon the face of the pleading.</p> <p>5. The mortgagee having only a lien upon the mortgaged property, cannot in a chancery proceeding to foreclose the mortgage, recover damages for the wrongful conversion of the property.</p> <p>6. If by reason of the transfer of the property, or in any other manner the mortgagor or any other person should destroy the property upon which the mortgage lien is held, or should the property be placed by such parties so that the lien cannot be enforced, the mortgagee’s remedy is at law, in an action on the case, for such damages as he may sustain by reason of such interference with the proper