Matthews v. Lindsay

Citations

• 20 Fla. 962

Syllabus

<p>1. A tender of money due upon a promissory note or other contract is ineffectual unless followed by proferí in euria.</p> <p>2. A mortgage is a security only, and is not extinguished by a tender after the day the money becomes due ; and unless the tender is kept good and the money brought into court it will not stop the accruing of interest nor relieve from costs of suit. A purchase, therefore, at a sale under an execution against a mortgagor, the tender not being kept good, will not give the purchaser a title free of the mortgage.</p> <p>3. A prayer by cross bill for a partition, in a suit brought to foreclose a mortgage, cannot be entertained.</p> <p>4. A set-off is allowed in an action on contract, only of matters growing out of contract. Damages sustained by reason of annoying suits,, malicious prosecutions, slander of title, injury to one’s credit occasioned by such proceedings, though relating to the subject matter of plaintiff’s suit, cannot be set off.</p> <p>5. It is within the sound discretion of the Chancellor to receive evidence at the hearing not introduced before the Master.</p> <p>6. Though a Chancellor may have erred in allowing an original deed to be put in evidence without proving its execution, yet where the pleadings and other evidence are such that the introduction of the original was immaterial and unnecessary to a proper disposition of the case and did not affect the decree, the error will be disregarded.</p> <p>7. The finding of the fact of the delivery and acceptance of the deeds of partition in this case, being supported by a strong preponderance of testimony, must be affirmed.</p>