Prince v. Mahin

Citations

• 73 Fla. 525
• 74 So. 696

Syllabus

<p>1. A stipulation in a mortgage to secure several notes that should any one of the notes or any part thereof or any part of the interest thereon remain due and unpaid for thirty days, then the whole balance of the principal and interest shall become due and payable at the option of the mortgagee, authorizes foreclosure proceedings for the entire debt secured, where one of the notes and interest thereon were past due and payble more than thirty days when the option of the mortgagee is exercised by bringing suit.</p> <p>2. Multifariousness goes to convenience more than to merits; and when there is a general demurrer for want of equity, a ground of demurrer for multifariousness may not avail if there is equity in the bill. ,</p> <p>3. A demurrer which is addressed to the entire bill must be treated as a general demurrer and should be overruled if, there is any equity in the allegations of the bill, even though. there are grounds of the demurrer which might prevail if the same were incorporated in a special demurrer, wihch was directed to the vulnerable parts of the bill.</p>