McClure v. American National Bank

Citations

• 67 Fla. 32
• 64 So. 427

Syllabus

<p>1. As a general rule, tbe endorsement of a pote which is secured by a mortgage carries with it such mortgage. The note is the principal thing, the mortgage being regarded as an accessory, so that the transfer of the debt ipso facto carries with it the security. The assignee takes the mortgage as he does the note.</p> <p>2. The certificate of a notary public, or other officer empowered to take acknowledgements, of the acknowledgment to a deed Or mortgage, in the absence of fraud or duress, is conclusive as to the facts therein stated. The assignee of a note and mortgage which are fair and regular upon their face in all respects who has acquired the same for value before maturity in good faith, without any notice or knowledge of any latent defects therein or of any fraud which may have been practiced in connection with the execution or acknowledgment, cannot be required to bear the consequences of such fraud.</p>