McLane v. Piaggio Bros.

Citations

• 24 Fla. 71

Syllabus

<p>1. A subpcena iu chancery may be served on a wife by delivering a copy of the same tfi her husband, with whom she is co-defendant» in the manner provided by statute for service by delivery to a person above fifteen years of age residing in the family.</p> <p>2. Where a mortgage secures promissory notes falling due at different dates, and a bill is filed to foreclose the mortgage after the maturity of one, but before that of the other, and the latter note matures before the decree of foreclosure and sale is rendered? the decree may cover the latter as well as the former note if a proper foundation therefor has been laid in the bill.</p> <p>3. That a wife who relinquished her dower by joining with her husband in the execution of a mortgage, did so “ without any pecuniary consideration thereunto moving her,” is not a good plea to a bill filed to foreclose the mortgage. A pecuniary consideration to the wife is not an essential of a relinquishment of dower made, in the manner prescribed by the statute, to a mortgage valid as against her husband.</p> <p>4. Where a settlement of accounts has been made by parties competent to contract, and promissory notes executed by one of them to the other for an amount covering both the balance found to be due him and an additional sum for forbearance, and a mortgage has been made to secure the notes, and no fraud or unfair dealing on the part of the mortgagee is shown, such settlement is a sufficient consideration for the notes and mortgage, and the settlement will not be disturbed.</p> <p>5. The fact that the mortgagor was influenced by friendly advice to make such settlement is not, in the absence of fraud upon the part of the person giving the advice, a defence to the foreclosure of the mortgage in favor of such person.</p> <p>6. When a final decree has been entered and a petitionfor a rehearing is filed within the time prescribed by the statute and rule of court governing in the Circuit Court, it is not improper upon a hearing u