McAdow v. Wachob

Citations

• 45 Fla. 482

Syllabus

<p>EQUITY PRACTICE — DISSOLVING INJUNCTION WITHOUT NOTICE — POSSESSION OF LAND AS NOTICE OF OCCUPANT’S ESTATE.</p> <p>1. It is error for the court to dissolve an, injunction upon the pleadings and testimony, and findings of a master on the same day that the master’s report is filed, without notice of the hearing of the application for dissolution, and without affording the parties an opportunity to except to the master’s report.</p> <p>2. If a- party in .good faith loans another money with which to purchase a tract of land, taking a mortgage upon such land to secure the loan, and subsequently purchases the mortgaged land in good faith from the mortgagor in consideration of the mortgage debt and an additional sum of money in cash, and in pursuance of such purchase immediately goes into the actual, open, notorious and exclusive possession of such land as the purchaser and vendee thereof, and all this transpires prior to the rendition of a judgment against the mortgagor in favor of a third party, such judgment under these circumstances, upon a bill filed in eauity by such purchaser to restrain a sale of the land to satisfy such judgment, should be held to be subordinate to the prior acquired equitable estate in the land of such mortgagee purchaser, notwithstanding the fact that the purchasing mortgagee did not acquire the-legal title in the shape of a formal deed until after the rendition of such judgment. Such judgment creditor is charged with notice by such prior possession of the premises by such purchaser of his equitable estate in the land.</p>