Logan v. Stieff

Citations

• 36 Fla. 473

Syllabus

<p>Res AD JUDICATA — PARTIES and privies — purchasers’ rights under FORECLOSURE SALE.</p> <p>1. Where land that has been mortgaged, the mortgage thereon being duly recorded, is subsequently sold for taxes assessed thereon after the execution of such mortgage, and a tax deed is made to the purchaser at such tax sale, and the mortgagor afterwards flies a bill against such purchaser to have such tax deed annulled as being a cloud upon his title, which suit results m a decree in favor of such tax purchaser, adjudging his tax deed to be valid; and the mortgagee subsequently forecloses his prior mortgage and acquires a deed to the land at the foreclosure sale, such mortgagee is in no way affected or bound by the decree rendered in the former suit between the mortgagor and such tax purchaser, he not having been a party thereto; and to a suit subsequently brought against him by such mortgagee to annul such tax deed, the tax purchaser can not successfully plead liis former decree against the mortgagor as being res adjudicata of the mortgagee’s rights, even though the same issues were involved in such former suit.</p> <p>2. It is well settled that no one is privy to a judgment, whose succession to the rights of property thereby affected occurred previously to the institution of the suit in which the judgment was rendered. No alienee, grantee, assignee or mortgagee is bound or affected by a judgment or decree in a suit commenced by or against the alienor, grantor, assignor or mortgagor subsequent to the alienation, grant, assignment or mortgage, to which he is not a party.</p> <p>3. The title acquired by foreclosure of a mortgage relates back to the date of the mortgage.</p>