85 Fla. 120 | Fla. | 1923
In an amended bill of complaint brought by J. F. Ange against George C. Carter and May J. Carter, his wife, Laura W. Crozier, Omer Crozier, Orville Crozier, M. M. Crozier, Fannie Crozier, Scepia Hurt and Winnie Houchins, it is alleged that on March 15, 1916, George C. Carter executed to J. N. Crozier six promissory notes for $1000.00 each; that to secure the payment of such notes, the said George C. Crozier and his wife on the samé day executed and delivered to J. N. Crozier a mortgage covering described lands; that J. N. Crozier endorsed and delivered the said six promissory notes to M. M. Crozier, one of the defendants, and that J. N. Crozier without written assignment then and there delivered to M. M. Crozier the original mortgage securing said six notes; that on April 17th, 1916, M. M. Crozier, being indebted to U. G. Staton executed and delivered to Staton two promissory notes, one for $1600.00, the other, for $1675.00, payable in six months and twelve months, and to secure the payment of such notes, the said M. M. Crozier “put up as collateral the six notes given by Carter to J. N. Crozier and endorsed to M. M. Crozier, and at the samé time M. M. Crozier delivered to Staton the mortgage made by Carter and wife to J. N. Crozier; that U. G. Staton endorsed and delivered to J. F. Ange before maturity the two notes executed by M! M. Crozier together with the notes and mortgage executed by Carter to J. N. Crozier which had been delivered by M. M. Crozier'to U. G. Staton as collateral; that J. N. Crozier ‘ ‘ departed this life on or about the 8th day of August, 1916; that he left surviving him as his heirs at law, M.' M. Crozier, a son, one of the defendants herein, Laura W. Crozier, his widow, one of the defendants herein, and Omer Crozier and Orville Crozier, minor children, Fannie Crozier, Scepia Hurt and Winnie Houchins, and that the said Laura W. Crozier and the two minor children afore
In an answer filed by the defendant Laura W. Crozier, she avers ‘1 that she is the widow of said J. N. Crozier and that J. N. Crozier died intestate on or about the eighth day of August, A. D. 1916; that on the fifteenth day of March, A. D. 1916, this defendant and the minor children of this defendant and J. N. Crozier, and J. N. Crozier himself yrere in possession of and living upon the property described in the mortgage sought to be foreclosed in this mortgage; that they then possessed said property as a
On testimony taken the chancellor decreed “that the defendants pay to the complainant” the amount found to be due on the two notes executed by M. M. Crozier with interest and attorney fees, that upon default the described lands be sold, and “that in the event of failure on'the part of the defendants to pay the said sum of money herein-before set forth, and upon sale of said premises as herein decreed, then the defendants and all persons claiming through or under them, since the commencement of this suit, be, and they are hereby forever barred and foreclosed from all equity of redemption, and claim of, in and to the said mortgaged premises, or any part thereof.”
An appeal was taken by “Laura W. Crozier, individually and as guardian ad litem and next friend of Omer Crozier and Orville Crozier, minors, Geo. C. Carter and May Carter, his wife, M. M. Crozier, and Fannie Crozier, his wife, Scepia Hurt and "Winnie Houehins.”
Without discussing the procedure acquiesced in, it appears from the evidence that J. N. Crozier was mentally incompetent to execute the deed purporting to convey to George C. Carter, the family homestead and that the widow and heirs of the said J. N. Crozier having been made parties to the foreclosure proceedings, the defense interposed by the widow would avail her and the heirs of J. N. Crozier as established by the evidence, it not appearing that the widow received any consideration for joining in the conveyance of the homestead, even if that would estop her, as it would not estop the heirs of J. N. Crozier. If Carter received no title through the deed executed by J. N. Crozi'er and his wife, the mortgage executed by Carter here
Reversed for appropriate procedure.