# Brown v. Indian River Orange Lands, Inc.

> Supreme Court of Florida · February 15, 1938 · 131 Fla. 466

URL: https://www.frixlaw.com/law-library/cases/3381327

## Case

- **Full name:** B. A. Brown v. Indian River Orange Lands, Inc.
- **Court:** Supreme Court of Florida
- **Decided:** February 15, 1938
- **Citations:** 131 Fla. 466; 179 So. 789; 1938 Fla. LEXIS 1435
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Chapman, Whitfield, Terrell, Buford, Ellis, Brown
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3381327

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3381327. Public record. Not legal advice.