111 Fla. 491 | Fla. | 1933
The appellant, Etta Brannon, applied to a representative of the complainant below, Metta V. Hills, for a loan of money with which to pay off a mortgage on the property against which the decree was rendered, that is now before us on this appeal. In consideration of the loan made, the defendant gave a mortgage on the property that at the time stood encumbered by an outstanding mortgage, for the purpose of discharging which, there is substantial evidence to show was the object of the new loan. The mortgage given to secure the new loan was apparently valid at the time. Subsequent events disclosed that it was unenforceable because based on a promissory note signed only by a married woman as maker, she being also the mortgagor. The present suit was brought on an amended bill framed in a double aspect — that is, to recover the money lent either by charging the married woman's property for it, as on an agreement in writing for its benefit, or by decreeing subrogation to the first mortgage for the purpose of discharging which the money procured on the subsequent mortgage had been applied for and obtained. The chancellor denied charging the property as that of a married woman subject to being charged in equity, but decreed subrogation. On this appeal the correctness of the final decree is questioned on its merits, both as to the sufficiency of the pleadings, and the complainant's evidence to support it.
In our recent decisions in Federal Land Bank of Columbia v. Godwin,
The case now before us was decided on the principle just stated, and that, we believe correctly on the facts and inferences shown of record. Errors of procedure complained of as having occurred prior to the decree, do not appear to have been harmful.
Affirmed. *494
DAVIS, C. J., and WHITFIELD, TERRELL and BUFORD, J. J., concur.
BROWN, J., dissents.