Waldock v. Iba

Citation114 Fla. 786,150 So. 231
CourtUnited States State Supreme Court of Florida
Decision Date01 August 1933
PartiesGeorge W. WALDOCK and Kathering L. Waldock, His Wife, Appellants v. Arthur J. IBA, Appellee.[*]

Rehearing Denied Oct. 3, 1933.

Appeal from Circuit Court, Dade County; W. W. Trammell, judge.

COUNSEL

Knight, Pace & Paine, of Miami, for appellants.

L. J. Cushman, of Miami, for appellee.

OPINION

BUFORD, Justice.

In so far as the facts and the law and its application are concerned, they are in nowise materially unlike those involved in the case of Murray et al. v. Newsom as Liquidator, 149 So. 387, in which opinion was filed in this court on June 27, 1933.

Therefore the law as enunciated in that case rules this, and the decree here appealed from should be reversed on authority on the opinion and judgment in that case.

It is so ordered.

Reversed.

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

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Notes:

[*]For opinion granting rehearing, see 150 So. 803.

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9 cases
  • Greene v. Spitzer
    • United States
    • Missouri Supreme Court
    • December 20, 1938
    ...T. Co., 168 Tenn. 118, 76 S.W.2d 109; Bowen v. Boyd Enterprises, 191 A. 137; Murray v. Newsom, 111 Fla. 193, 149 So. 387; Waldock v. Iba, 114 Fla. 786, 150 So. 231; Kossoff v. Wald, 245 A.D. 651, 284 N.Y.S. Midland Realty Co. v. Halverson, 101 Mont. 49, 52 P.2d 159; Commercial Ger. Trust & ......
  • Shavers v. Duval County
    • United States
    • Florida Supreme Court
    • June 11, 1954
    ...owner of a chose in action creating a lien on the property. Evins v. Gainesville National Bank, 80 Fla. 84, 85 So. 659; Waldock v. Iba, 114 Fla. 786, 150 So. 231, 803, 153 So. 915. Therefore, whatever the rule may be elsewhere, we think it clear that under our condemnation statutes (which f......
  • Martyn v. First Federal Sav. & Loan Ass'n of West Palm Beach
    • United States
    • Florida District Court of Appeals
    • December 15, 1971
    ...helpful to our final conclusion. 1) A mortgage is only a lien. Hemphill v. Nelson, 1928, 95 Fla. 498, 116 So. 498; Waldock v. Iba, 1934, 114 Fla. 786, 150 So. 231, 803, 153 So. 915; Walker v. Heege, 1920, 78 Fla. 667, 83 So. 605 and Jordan v. Sayre, 1892, 29 Fla. 100, 10 So. 823. 2) A mortg......
  • Lafferty v. Detwiler
    • United States
    • Florida Supreme Court
    • December 19, 1944
    ...to foreclose the extinguished lien was properly denied. It had already been foreclosed. The majority of the court, in the case of Waldock v. Iba, supra, were of opinion that the facts in that case were not unlike those in the case of Murray v. Newsom, and the trial court was reversed on the......
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