Price v. Metsger

Citations

• 20 Fla. 683

Syllabus

<p>1. P. filed a bill to foreclose a mortgage for $1,000 executed by M. on land in range 35, alleging that S. purchased the land subject to the mortgage. Bill was taken as confessed against M., but S.. pleaded that M. had a homestead claim on land in range 36, and under act of Congress afterward entered and paid for it and obtained the receiver’s certificate, and then conveyed free of incumbrance to S.—S. not denying that he had purchased the mortgaged land subject to the mortgage lien, answers that by an agreement between P. and M. the mortgage was given to secure P. for certain legal services, and that if he was unsuccessful the amount to be paid should be $500 only, and that he was unsuccessful. The cause having been heard upon these pleadings the court held the plea good and dismissed the bill. Such decree was erroneous. The plea sets up nothing in bar as to the land in range 35, and the answer admits that the mortgage was a lien thereon to the amount of at least $500.</p> <p>2. If S. has no interest in the land mortgaged he cannot set up a defence as to the mortgage debt as it does not concern him.</p>