Thompson v. Maxwell

Citations

• 16 Fla. 773

Syllabus

<p>1. A general demurrer to a bill, as for want of equity, will be overruled if there is any ground-of equitable relief stated in the bill, even if there are any number of grounds of special demurrer.</p> <p>2. Where, upon a foreclosure of mortgage, after decree and sale it is found that a portion of the lands described in the mortgage (a copy of which was annexed to the bill) were not properly described in the bill of foreclosure, a bill of review may be filed for the purpose of correcting the error in the bill and setting aside the decree and sale as to the land erroneously described; or setting aside the decree in toto if nec- ■ essary, and obtaining a sale of the mortgaged lands.</p> <p>3. An injunction should not be granted unless the bill contains a prayer therefor, nor should an injunction to stay proceedings at law be granted without bond and securities prescribed by statute, except in cases otherwise specially provided for by law.</p> <p>4. A mortgagee cannot restrain the prosecution of a suit in ejectment (brought by a purchaser under a junior lien) against the mortgagor or his tenant.</p> <p>5. A mortgage unrecorded or imperfectly recorded is valid as against creditors or subsequent purchasers with notice of the mortgage.</p>