Terwilliger v. Ballard

Citations

• 64 Fla. 158

Syllabus

<p>1. Wbere tbe jurisdiction of the court over the cause and the parties appears, mere questions of technical procedure should not control to impede the proper disposition of the cause.</p> <p>2. Where A. conveys land to B. in trust to secure the payment of a debt due-from O. and with a provision that if the debt is paid in a spécified time, the land shall go to 0., and if not paid, the laud shall belong to B. absolutely, such an instrument may be a mortgage under the statute.</p> <p>3. Two mortgages held by one party against another may be foreclosed in one suit.</p> <p>4. Where parties by means of a trust deed put land in the hands of a trustee to secure a debt due to the trustee by one of the parties, the trustee occupies a relation similar to that of mortgagee in possession, and in the absence of fraud, bad faith or gross negligence, the trustee can be required to account only for proceeds actually received pursuant to the terms of the trust.</p>