Walker v. Heege

Citations

• 78 Fla. 667
• 83 So. 605

Syllabus

<p>1. Under Section 1, Art. XI of the Constitution, a mortgage executed by a married woman upon her separate statutory property for the purpose of securing a debt of her husband, must be attested by two witnesses, and otherwise executed according to the law respecting conveyances by a married woman.</p> <p>2. The modern common law doctrine that a mortgage is a conveyance passing the title of the property mortgaged to the mortgagee subject'to the mortgagor’s right of • redemption, has been abrogated in Florida by statute, ,and a mortgage is not a Conveyance of the legal title or of the right of possession, but is a specific lien on the property therein described.</p> <p>3. At common law attestation of a deed or mortgage was not necessary to its validity and attestation is therefore necessary only when required by statute.</p> <p>4. Witnesses to a mortgage are not required by the law of Florida, except in the ease of one given by a married woman to secure the debt of her husband, and there is no statute requiring witnesses to a mortgage before it' is entitled to be placed on record.</p>