Matheson v. Thompson

Citations

• 20 Fla. 790

Syllabus

<p>1. When a mortgage debt has been paid, and the mortgage afterwards assigned inform, and then foreclosed by the assignee without making the holder of the legal title a party to the foreclosure, in a suit by the latter to set aside the foreclosure decree, and the deed executed under it as a cloud upon his title, the mortgagees are not necessary parties.</p> <p>3. Where two mortgages upon different parcels of property are given to secure the same debt, a payment and satisfaction of one is a satisfaction of both mortgages.</p> <p>3. A foreclosure being had by the assignees of a satisfied mortgage under which a decree and deed are procured, a grantee of the mortgagor not being made a party, and having no notice of the proceeding until aftera sale under the decree, such grantee maymaintain a suit in equity to enjoin the parties from conveying or asserting claim to the property, and to annul such decree and deed, the same being a cloud upon his title.</p>