New York Life Ins. Co. v. Oates
Decision Date | 22 December 1939 |
Citation | 192 So. 637,141 Fla. 164 |
Parties | NEW YORK LIFE INS. CO. v. OATES et ux. |
Court | Florida Supreme Court |
En Banc.
Suit to foreclose mortgage by the New York Life Insurance Company against A. Y. Oates and his wife, Almena Oates. From the decree, the plaintiff appeals.
Reversed and remanded for appropriate decree to be rendered for plaintiff.
Appeal from Circuit Court, Polk County; H. C Petteway, judge.
Raymond D. Knight and Henry P. Adair, both of Jacksonville, Bradford G. Williams, of Lakeland, and John M. McNatt, of Jacksonville, for appellant.
Ira C. Hopper, of Lakeland, for appellees.
Richard P. Marks, Wm. H. Rogers, and George A. Pierce, all of Jacksonville, as amici curiae.
In rendering the decree appealed from, the Chancellor found from the evidence that:
The copy of the mortgage attached to and made a part of the bill of complaint shows the execution and certificate of acknowledgment of the mortgage to be as follows:
'In Witness Whereof, said Mortgagors have executed these presents under seal at Lakeland, in Polk County, Florida, the day and year first above written.
'A. Y. Oates [Seal.]
'Almena Oates [Seal.]
'Signed, sealed and delivered in the presence of the following witnesses:
'A. F. Pechard,
'Leone C. McGowan.
'State of Florida
'County of Polk
'Before me personally appeared A. Y. Oates and Almena Oates, his wife, both of whom are to me well known, and known to me to be the individuals described in and who executed the foregoing mortgage, and acknowledged to and before me that they executed said mortgage for the purpose therein expressed; and the said Almena Oates, well known to me and known to me to be the wife of said A. Y. Oates, upon a separate and private examination, taken and made separately and apart from her said husband, acknowledged before me that she executed said instrument freely and voluntarily, without any compulsion, constraint, apprehension or fear of or from her said husband, for the purposes herein set forth.
'Witness my hand and official seal, this first day of June, 1926.
'Notary Public for the State of Florida at Large.
'My Commission expires Dec. 15, 1929.'
'The Constitution provides that the homestead 'real estate shall not be alienable without the joint consent of husband and wife, when that relation exists.' Sec. 1, Art. 10.
'Conveyances of real estate are required to be 'by deed * * * signed, sealed and delivered in the presence of at least two subscribing witnesses.' Sec. 5660(3787) C.G.L. See Springfield Co. v. Ely, 44 Fla. 319, 32 So. 892; Cobb v. Bear, 57 Fla. 370, 49 So. 29; Russell v. Henslee, 101 Fla. 1318, 132 So. 489.
'The statutes of the State contain the following:
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OneWest Bank, FSB v. Palmero
...notarized, Mrs. Palmero has not, in this appeal, challenged the validity of the mortgage on this basis. New York Life Ins. Co. v. Oates, 141 Fla. 164, 192 So. 637, 641 (1939) (recognizing that, subject to the doctrine of estoppel, the validity of the mortgage may be challenged where both sp......
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...a state of things by which the other may be induced to act so as to change his previous position to his injury. New York Life Insurance Co. v. Oates, 141 Fla. 164, 192 So. 637. An essential element of estoppel is that the party asserting it show a change of position made in reliance upon st......
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Major League Baseball v. Morsani
...State ex rel. Watson v. Gray, 48 So.2d 84 (Fla.1950); Steen v. Scott, 144 Fla. 702, 198 So. 489 (1940); New York Life Ins. Co. v. Oates, 141 Fla. 164, 192 So. 637 (1939); Coogler v. Rogers, 25 Fla. 853, 7 So. 391 (1889); Collins v. Mitchell, 5 Fla. 364 (1853); Camp v. Moseley, 2 Fla. 171 (1......
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Morsani v. Major League Baseball, 98-01327.
...State ex rel. Watson v. Gray, 48 So.2d 84 (Fla.1950); Steen v. Scott, 144 Fla. 702, 198 So. 489 (1940); New York Life Ins. Co. v. Oates, 141 Fla. 164, 192 So. 637 (1939); Coogler v. Rogers, 25 Fla. 853, 7 So. 391 (1889); Collins v. Mitchell, 5 Fla. 364 (1853); Camp v. Moseley, 2 Fla. 171 (1......