Pearson v. Helvenston

Citations

• 50 Fla. 590

Syllabus

<p>1. The refusal of an. application for confirmation of a sale of real estate made pursuant to a foreclosure decree cannot be the basis for an assignment of error where it appears that shortly after such refusal the court made an order of confirmation, not appealed from, and no injury to appellant is shown.</p> <p>2. A tax title claimed to be adverse and paramount to the rights of both mortgagor and mortgagee is not a proper subject of adjudication in a suit to foreclose a mortgage on real estate.</p> <p>3. Where the language ot a decree is open toi more than one interpretation it should be interpreted so as to make it correct and proper with reference to the pleadings and proceedings in the case.</p> <p>4. Where a decree of foreclosure of a mortgage on real estate contains a provision “that in the event said property is sold that the said defendants H. S. and E. T. H. and all persons claiming by, under or through them since the recording of the said mortgage be and they are forever barred and foreclosed of all rights and equity of redemption in and to said property or any part thereof,” is not necessarily an adjudication of a tax title set up in the answer of one of the defendants; but it is held to be an adjudication affecting'only the “rights and equity of redemption” under the mortgage.</p>