Opinion

Brown v. Indian River Orange Lands, Inc.

  • 131 Fla. 466
  • 179 So. 789
  • 1938 Fla. LEXIS 1435
Court
Supreme Court of Florida
Filed
Feb 15, 1938
Status
Published
Author
Brown
On the bench
Chapman, Whitfield, Terrell, Buford, Ellis, Brown
Cited by
0 cases
Authority
More cited than 37.3%

The opinion

Brown, J.

(concurring).—The suit was filed before the note was due. In order to accelerate, plaintiff had to rely on the acceleration clause in the mortgage. A plea denied the assignment of the note and mortgage. The evidence showed assignment of the note, but

not

of the mortgage. Unless the assignment of the note carried the mortgage with it, the court erred in directing a verdict for plaintiff, as the note was not due when verdict and judgment were rendered. But we have frequently held the transfer of the mortgage note or debt carries the mortgage with it. I think the ruling of the trial court was correct. Collins v. Briggs, Inc., 98 Fla. 422 , 123 So. 833 ; Miami Mtg. & G. Co. v. Drowdy, 99 Fla. 1092 , 127 So. 323 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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