McCoy v. Boley

Citations

• 21 Fla. 803

Syllabus

<p>1. An omission to state tlie name of a defendant in the introductory part of a bill in equity, under Equity Rule 17, is ground of- special demurrer. Objection on account of such omission cannot be made under a mere general demurrer ; nor can such objection be urged in the Appellate Court when the record does not show that it was presented and passed upon in the lower court.</p> <p>2. An allegation in a bill to foreclose a mortgage that a defendant’s- interest, if he has any, has accrued since the mortgage and is subject to the lien thereof, sufficiently shows that he is a proper party, and is not demurrable as stating no cause of action against him. »</p> <p>3. An instrument executed by one member of a partnership in the firm name and legally binding upon the partnership and entitled to be recorded under the registry statutes of Florida, may be admitted to record upon the acknowledgment of the partner who executed it. (Sanders vs. Pepoon, 4th Florida, 465, approved but distinguished.)</p> <p>4. The statutory requirement that an officer taking the acknowledgment of an instrument for record, shall know or have satisfactory proof that the person making the acknowledgment is the individual described in, and who executed the instrument, applies only to cases in which the instrument has been executed or is acknowledged out of the State.</p> <p>5. A mortgage duly recorded is not void as between the parties to it, or as to a third person whose claim is not based on a valuable consideration, from the fact that it permits the mortgagor to sell personal property covered by it without accounting to the mortgagee for the proceeds.</p>