Jones v. Florida Lakeland Homes Co.

• Decision Date: 22 May 1928
• Citation: 117 So. 228,95 Fla. 964
• Parties: JONES v. FLORIDA LAKELAND HOMES CO. et al.
• Court: Florida Supreme Court

117 So. 228

95 Fla. 964

JONES v. FLORIDA LAKELAND HOMES CO. et al.

Florida Supreme Court

May 22, 1928

Suit by the Florida Lakeland Homes Company against Rosslyn Jones and others to foreclose a mortgage. From a decree for complainant, defendant named appeals.

Affirmed.

Syllabus by the Court

SYLLABUS

Persons having interest in property paramount to mortgage sought to be foreclosed are generally neither necessary nor proper parties to foreclosure suit; only proper object of proceedings to foreclose mortgage is to bar all rights subsequent to mortgage. Persons having interests in the property paramount to the mortgage sought to be foreclosed are generally neither necessary nor proper parties to the foreclosure suit, because the only proper object of the proceedings is to bar all rights subsequent to the mortgage. Appeal from Circuit Court, Polk County; H. C Petteway, judge.

COUNSEL

G. P Garrett, of Lakeland, and W. M. Toomer, of Jacksonville, for appellant.

Howell & Phillips, of Lakeland, for appellees.

OPINION

CHILLINGWORTH Circuit Judge.

This is an ordinary mortgage foreclosure suit, except that the defendant Rosslyn Jones contends that the final decree should have dismissed the bill as to him rather than extinguish his claim or interest in the land.

It seems that the Florida Lakeland Homes Company owned a large tract of land in Polk county. The company made a contract to sell the land to one Gatlin. Gatline was used as a figurehead for Thomas. Thomas interested the appellant, Rosslyn Jones in the land, and in the name of Thomas-Moores Company made a contract to sell the land to Jones. Jones did not record his contract. Later the Florida Lakeland Homes Company conveyed the land to Gatlin, who, in turn, gave a purchase-money mortgage, which was foreclosed in this suit.

The appellant, Jones, contends that persons having interests in the property paramount to the mrtgage sought to be foreclosed are generally neither necessary nor proper parties to the foreclosure suit, because the only proper object of the proceedings is to bar all rights subsequent to the mortgage. This rule is well established. 3 Jones on Mortgages (8th Ed.) p. 299; 19 R. C. L. 529; Coy v. Downie, 14 Fla. 544.

However, in the instant case Jones is not shown to have had an interest paramount to the mortgage lien. The evidence does not show that the Florida Lakeland Homes Company had any knowledge, either actual or constructive, of an assignment of the contract of purchase, or of a contract of purchase held by Jones, before the conveyance of the land and the acceptance of the purchase-money mortgage.

It appears that, prior to the consummation of the transaction between Florida Lakeland Homes Company and Gatlin, Dr. Barton, president of the Florida Lakeland Homes Company, had a conversation with an attorney, who represented the Thomas-Moores Company. This attorney had an opinion on the title which was exhibited to Dr. Barton, and which opinion contained in it the name of Rosslyn Jones, who was unknown to Dr. Barton. Dr. Barton inquired of this attorney about Jones, and the attorney replied that he presumed Jones was the purchaser. There was nothing more said about the matter.

This is not sufficient notice to bind the complainant corporation Florida Lakeland Homes Company, on any outstanding contract of Jones. That company had no knowledge of any of the terms of any contract held by Jones. It did not know whether Jones had ever received a binding contract, or any contract from any one...