Jones v. Hiller

Citations

• 65 Fla. 532
• 62 So. 583

Syllabus

<p>1. If the matter contained in an answer in an equity cause is relevant or can have any influence in the decision of the subject-matter of the controversy, it is not impertinent.</p> <p>2. Under the statute a mortgagee takes merely a lien. A foreclosure decree enforces the mortgagee’s lien and operates through a master’s deed to transfer the mortgagor’s title to the purchaser at the foreclosure sale.</p> <p>ó. A bona fide purchaser for value at the foreclosure sale is not a mere assignee of the mortgage lien, but takes title if the foreclosure proceedings and the conveyance thereunder are effective to pass the mortgagor’s title.</p> <p>4. If foreclosure proceedings or the conveyance thereunder'are ineffectual to convey the title of the mortgagor, the attempted conveyance may be a sufficient color of title under which possession in the manner and for the period required by- the statute may ripen into title by adverse possession, against the ' heirs of the mortgagor who are affected by the adverse pos- ■ session statute.</p> <p>5. A stranger who bona fide purchases at a foreclosure sale and takes possession under a master’s deed purporting by authority to convey the land has title or color of title; and his status is not that of a mortgagee in possession without title holding merely a contract lien.</p>