Sparr v. Florida Southern Railway Co.

Citations

• 25 Fla. 185

Syllabus

<p>The defendant, S., borrowed $500 from complainants, and gave his notes for the same, and to secure the payment of the notes executed to complainants a chattel mortgage on a steamboat. The notes fell due and were not paid, and complainants commenced suit to foreclose the mortgage, and prayed for injunction and the appointment of a Receiver ; the injunction was granted and Receiver appointed. The defendant, S., pleaded his infancy at the time of the making of the notes and executing the mortgage ; the plea was sustained on demurrer ; motion was made to vacate the order granting injunction and- appointing a Receiver, and affidavits were submitted in favor of and against the motion, but neither the affidavits nor anything in the record denies the infancy of S. at the time of making the notes ánd mortgage, or shows an affirmation of the contract after he attained his majority, but his infancy is affimatively shown by affidavit: Held, That it was error to refuse to vacate the order granting injunction and appointing a Receiver.</p>