From Casetext: Smarter Legal Research

Ziegler et al. v. Ft. Lauderdale Sec. Co.

Supreme Court of Florida, Division B
Jul 7, 1931
135 So. 838 (Fla. 1931)

Opinion

Opinion filed July 7, 1931. Petition for rehearing denied July 29, 1931.

An appeal from the Circuit Court for Broward County; Vincent C. Giblin, Judge.

Affirmed.

Abbott Gaulden, for Appellants;

McCune, Hiaasen Fleming, for Appellees.


A married woman not a free dealer borrowed $10,000.00 for which she alone gave a note and executed a mortgage upon her separate real property. The mortgage being unenforcible because the husband did not join in executing it, proceedings were brought to subject in equity the same separate real property of the married woman for the payment of the money due by her upon an agreement in writing for the benefit of her separate property under section 2, Article XI of the constitution. See Vance v. Jacksonville R. M. Co., 69 Fla. 33, 67 So. 636.

The orders and decrees appealed from are in substantial compliance with the requirements of law and rules of procedure and no reversible errors being made to appear, such orders and decrees are affirmed.

WHITFIELD, P.J., AND TERRELL AND DAVIS, J.J., concur.

BUFORD, C.J., AND ELLIS AND BROWN, J.J., concur in the opinion and judgment.


Summaries of

Ziegler et al. v. Ft. Lauderdale Sec. Co.

Supreme Court of Florida, Division B
Jul 7, 1931
135 So. 838 (Fla. 1931)
Case details for

Ziegler et al. v. Ft. Lauderdale Sec. Co.

Case Details

Full title:BERNETTA V. ZIEGLER, et al., Appellants, vs. FORT LAUDERDALE SECURITIES…

Court:Supreme Court of Florida, Division B

Date published: Jul 7, 1931

Citations

135 So. 838 (Fla. 1931)
135 So. 838

Citing Cases

Patterson et Vir. v. Touchton Dinsmore

The words in the Constitution, Sec. 2 Article XI, "for the benefit of her separate property" should not be…

Gulf Shore Dredging Company v. Ingram

A note or a mortgage is a sufficient writing to support a suit for an equitable lien or charge under the…