Snell v. Richardson

Citations

• 67 Fla. 386
• 65 So. 592

Syllabus

<p>1. The Supreme Court of Florida had the authority in 1873, when such rule was adopted, under the statute as it then stood, to adopt Equity Rule No. 89, which reads as follows: “In suits in equity for the foreclosure of mortgages, a decree may be rendered for any balance that may be found due to the plaintiff over and above th'e proceeds of the sale or sales, and’ execution may issue for the collection of the same as is ■ . prescribed in the rule regulating the equity practice where the decree is solely for the payment of money.”</p> <p>2. Equity Rule No. SO does not authorize the entry of a deficiency decree against the endorsers of a note, but only against the mortgagor.</p> <p>3. In the absence of any statute or rule so authorizing, a deficiency decree cannot be entered in a suit for the enforcement of a mortgage lien against the endorsers of the note.</p>