21 Fla. 333 | Fla. | 1885
delivered the opinion of the court:
It appears in this case that the appellee, Wm. Edwards,, recovered a judgment in the Circuit Court of Alachua county against John C. Ley on the 3d of May, A. D. 1875,. for $1,071.08 upon which no execution has been issued. It appears also that said Ley was seised in fee of a lot of land
That at the time of giving the notes Pardee offered to give Edwards a mortgage on the lot of land which Edwards declined, saying that he preferred to rely on the lien of his judgment against Ley. That after the lapse of three years from the rendition of said judgment against Ley, Edwards sued out a scire facias in the Circuit Court of Alachua county to revive his judgment, to which Ley pleaded that said judgment had been paid. The issue of payment vel non was submitted to a jury who rendered a verdict for defendant therein, Ley, and judgment was entered in accordance therewith.
The complainant, Edwards, filed his bill in equity, alleging therein a verbal agreement between himself, Ley and Pardee, that the lien of Edward’s judgment against Ley was to be continued in force as a security to Edwards for the two notes of Pardee for the purchase money of the lot of land, and praying that said lot of land should be sold under said judgment and the proceeds of sale be applied to the payment thereof. The decree of the court below was in accordance with the prayer of the bill.
The complainant relies for relief on an alleged verbal agreement between himself and Ley and Pardee, the deceased, which was to the, effect that the judgment of the com
This view of the case makes it unnecessary to decide the other points raised by counsel.
The decree of the Circuit Court is reversed, and a decree here rendered ordering that the bill be dismissed but without prejudice to complainant’s rights either in law or equity against the parties interested.