Thе sole question presented by the record in this case is whether the Circuit Court of Dade County, Florida, had jurisdiction to entertain a suit for the foreclosure оf a mortgage on lands lying wholly within Liberty County, Florida. The lower court decided the quеstion in the negative and the present appeal is from that order. It is the contention of appellant that the suit may be brought either in the county wherе the defendants reside or in the county where the property in litigation is.
Section 4219, Compiled General Laws of Florida, 1927 (2579 R. G. S.) is as' follows:
“Suits shall be begun only in the county (or if the suit is in the justice of the peace court in the justice’s district) where the defendants reside, or where the cause of action accrued, оr where the property in litigation is. . If brought in any county or justice district where the defendant does not reside, the plaintiff, or some person in his behalf, shall make and filé with the praecipe or bill in chancery, an affidavit that the suit is brought in good faith, and with no intention to annoy the defendant. This section shall not apply to suits against non-residents. (Nov. 21, 1829, Sec. 7 and Ch. 3721, Acts of 1887, Sec. 1.)”
Section 4889 of Compiled General Laws of Florida, 1927 (3105 R. G. S.) is as follows:
“All provisions' of law governing locality of actions at law shall, when they can' be made .applicable, govern thоse in chancery.”
*292
This Court is committed to the doctrine that the venue statute allowing suits to be brought in the county where the defendants reside does not confеr extra territorial jurisdiction on the courts or alter the local action rule. The authority of thq statute to bring suit in the county of defendant’s residence neсessarily presuppos'es that the court have jurisdiction of the subject matter of the action, as well as of the parties. See Lakeland Ideal Farms and Drainage District v. Mitchell,
The Circuit Court in this State, under our Constitution and laws, cannot by its officers take possession of property beyond its territorial limits. Stаte v. J. P. & M. R. R. Co.,
A proceeding
in rem
or in the nature of a proceeding-
rem
should be brought in the countv where the ’"'"A lie-?. Largo Land Co. v. Skipper,
A suit to forеclose a mortgage is to a certain extent and for certain purposes a proceeding in rem since it is primarily directed against the mortgaged property, but it is more accurately termed "quasi in rem." See 42 C. J. Sec. 1504.
The rule is' stated that in those stаtes where the mortgage is considered a mere lien and the legal title rеmains in the mortgagor, the decree operates to deprive the mоrtgagor of that estate, and therefore the action would be regardеd as local. If a sale of the property is asked for, as this operаtes in rem, jurisdiction is restricted to the local court of the county in which the land lies. Jones on Mortgages (7th Edition), Sec. 1444.
At common law a mortgagee toоk legal title to the mortgaged property and foreclosure was to tеrminate the mortgagor’s' right to redeem. In this state a mortgage is a mere lien аnd does not vest title in the mortgagee. Under the
*293
statute the mortgagee has оnly a lien and foreclosure is for the purpose of enforcing it. Connor v. Cоnnor,
The mеthod of foreclosure in this' State is to have the mortgaged property sold under an order of the Court and-the proceeds applied in paymеnt of the mortgage debt. The primary purpose of the suit is to subject the mortgaged property to the pavment of the debt. The action is quasi in rem and locаl. The fact that other relief such as the entry of a judgment for deficiency may be granted does not change the rule. The suit must be brought in the county where the land lies. If the mortgaged land lies' in more than one county, -the statute provides that the suit may be brought in any county in which a part of the mortgaged property is situated. See Sec. 5749 of Compiled General Laws of Florida, 1927, Sec. 3486 R. G. S.
There was no error in sustaining the demurrer and dismissing the bill.
Affirmed.