Realty Holding Corporation v. Noggle

Decision Date25 April 1929
Citation97 Fla. 643,121 So. 883
PartiesREALTY HOLDING CORPORATION, a Florida Corporation, Plaintiff in Error v. H. W. NOGGLE, L. L. Kirkpatrick, and C. S. Borders, Defendants in Error.
CourtFlorida Supreme Court

Error to Circuit Court, Polk County; H. C. Petteway, Judge.

COUNSEL

Henry L. Jollay, of Winter Haven, for plaintiff in error.

Huffaker & Edwards, of Bartow, for defendants in error.

OPINION

PER CURIAM.

This cause having heretofore been submitted to the court upon the transcript of the record of the judgment herein and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it is considered by the court that the judgment should be reversed on authority of the opinion in the case of J. N. Ackley, Plaintiff in Error, v. H. W. Noggle et al., Defendants in Error, 121 So. 882, decided at this term of the court; and it is so ordered.

Reversed.

WHITFIELD, P.J., and STRUM, and BUFORD, JJ., concur.

TERRELL, C.J., and ELLIS and BROWN, JJ., concur in the opinion and judgment.

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7 cases
  • American Sur. Co. of N.Y. v. Smith
    • United States
    • Florida Supreme Court
    • October 27, 1930
    ... ... The ... view just stated harmonizes with the former holding of this ... court in Realty Holding Co. v. Noggle, 97 Fla. 643, ... 121 ... ...
  • Luria v. Bank of Coral Gables
    • United States
    • Florida Supreme Court
    • July 14, 1932
    ... ... by A. L. Luria against the Bank of Coral Gables, a ... corporation. To review an order granting a new trial after ... verdict for plaintiff, ... taking and holding the legal title to said lands, and that ... said notes and mortgages were ... Co., 95 Fla. 734, 116 So. 647; Ackley v ... Noggle, 97 Fla. 640, 643, 121 So. 882; Realty ... Holding Co. v. Noggle, 97 ... ...
  • Slottow v. Hull Inv. Co.
    • United States
    • Florida Supreme Court
    • July 23, 1930
    ... ... Hannah, 93 Fla. 223, 111 So. 731, 51 A. L. R. 976; ... Ackley v. Noggle, 97 Fla. 640, 121 So. 882; 2 Jones ... on Mortgages (8th Ed.) § 920 ... latter. Realty Holding Corp. v. Noggle, 97 Fla. 643, ... 121 So. 883, was such a case, ... ...
  • Whitfield v. Webb
    • United States
    • Florida Supreme Court
    • January 7, 1931
    ... ... representing a portion of the purchase price of realty, ... against a grantee of the lands who is alleged to have assumed ... to the mortgagee. Ackley v. Noggle, 97 Fla. 640, 121 ... So. 882; Brownson v. Hannah, 93 Fla. 223, 111 So ... In Realty Holding Corp. v. Noggle, 97 Fla. 643, 121 ... So. 883, the rule just stated was ... ...
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