Selph v. Cobb

Citations

• 47 Fla. 292

Syllabus

<p>1. In a suit to foreclose a mortgage on real estate allegations sufficient to show that the interests of the defendants are subordinate to the rights of the mortgagee, are necessary to support a decree, at least in the absence of any pleading on the part of the defendant setting up the nature of his interest.</p> <p>2. In a suit to foreclose a mortgage on real estate an allegation that a named defendant “is now in the possession of the premises described in said mortgage, but by what right or authority your orator is not informed” is an allegation of possession, but not that the alleged possession is subordinate to the rights of the mortgagee.</p> <p>3. In a suit to foreclose a mortgage on real estate where there are no pleadings sufficient to show that the rights of a defendant are subordinate to those of the complainant, no decree should be rendered against such defendant.</p>