Webber v. Blanc

Citations

• 39 Fla. 224

Syllabus

<p>1. To a declaration in assumpsit for the recovery of the balance due on a promissory note, a plea was filed admitting the execution of a note, but alleging that plaintiff ought not to maintain the action because at a time before the institution of the suit plaintiff had his remedy against defendant in a court of competent jurisdiction on the note in a foreclosure of the mortgage given to secure the same; and that the property described in the mortgage was sold on final decree of the court and plaintiff purchased the same and had the sale confirmed: Held, That on demurrer the plea presented no sufficient defense to the action.</p> <p>3. In the absence of a statute, or rule of court made in compliance with law, no decree in chancery for a deficiency, after a sale of the mortgaged property could be entered in a court of equity, unless it be that the debt, without the mortgage, is such that a court of chancery would have jurisdiction of it, and could render a decree for it.</p>