Polk County National Bank v. Darrah

Citations

• 52 Fla. 581

Syllabus

<p>1. Where a party appears by his solicitor before the chancellor upon the final hearing of a cause, and does not object to the hearing, or ask for an enforcement of the rules, he will be considered to have consented to the hearing and to have waived the rules, and assignments of error setting up that the decree was rendered within three days from the filing of the master’s report; that the court did not require the master’s report to be filed as required by The rules of practice; that counsel had no opportunity to except to the master’s report, and that the final decree was rendered before the expiration of one month’s time during which the rules of practice require the master’s report to remain in the cleric’s office, are of no avail on appeal from the final decree.</p> <p>2. Where D purchases land in his own name but really as the agent of his wife, and partly with her money, and gives his own notes for the balance of the purchase money due six, twelve and eighteen months after date, and a small interest note due four months after date secured by mortgage on the purchased property, and where D’s wife states to the vendor she will pay the first two notes falling due before maturity if the vendor will assign the notes to her, and this proposition is accepted and the notes are assigned to her, in a foreclosure proceeding by the vendor, D’s wife being the actual purchaser of the property through her husband, is not entitled by cross-bill to have the notes assigned to her given priority of payment over the notes held by the vendor, but in such a case her notes will be deemed paid, so far as the vendor is concerned, because being the actual purchaser of the property it was her duty to pay them.</p>