Ronnoc Grove Co. v. Coe-Mortimer Co.

Citations

• 83 Fla. 370
• 91 So. 265

Syllabus

<p>1. Where a mortgage given, to secure payment of promissory notes antedates by one day such notes, but the notes are copied into the mortgage, no force can be given to the contention that the mortgage is unenforceable as to such indebtedness upon the theory that the notes were not in existence when the mortgage was made, because, even if such a ■difference in the dates would affect the validity of the mortgage, it is conclusively proved by the instrument itself that the notes were in existence when the mortgage was drawn and that the discrepancy was merely a mistake of the draftsman.</p> <p>2. When the defendant desires to raise the question of a foreign corporation’s right to maintain a suit in this state, the defense should be specially made.</p> <p>3. Where a bill to foreclose a mortgage on real estate expressly alleges that a defendant, grantee from the mortgagor of a portion of the mortgaged property, purchased with knowledge of complainant’s asserted mortgage lien upon such property and the bill is demurred to generally by such defendant, he cannot, because of his contrary admission, consistently contend upon demurrer that he is in the position of a bona fide purchaser for value without notice of complainant’s lien.</p> <p>4. A demurrer to a bill in equity admits the truth of all such matters of fact as are well and sufficiently .pleaded.</p>