123 So. 2d 289 - Simpson v. Simpson’s Empirical Analysis
1960
Citation profile
4
cited by 4 later decisions
1
states following
December 1976
most recently cited
4 state decisions
Relationships
Relies on Pasco v. Harley · Ashdown Hardware Co. v. Hughes · First Nat. Bk. of Chipley v. Peel · Guaranty Title & Trust Co. v. Thompson · Porter-Mallard Co. v. Dugger
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"697.04 Future advances may be secured. "(1) Hereafter, any mortgage or other instrument given for the purpose of creating a lien on real or personal property, or both, ... may secure not only existing indebtedness but also such future advances, whether obligatory or otherwise, as are made within ten years from the date thereof, to the same extent as if such future advances were made on the date of the execution of such mortgage or other instrument, although there may be no indebtedness outstanding at the time any advance is made... . The total amount of indebtedness that may be so secured may decrease or increase from time to time, but the total unpaid balance so secured at any one time shall not exceed a maximum principal amount which must be specified in such mortgage or other instrument... . "(2) As against the rights of creditors or subsequent purchasers for a valuable consideration, actual notice or record notice of advances to be made at the option of the lender, under the terms of such mortgage or other instrument, shall be valid only as to such advances as are to be made within ten years from the date of such mortgage or other instrument; .. . "(3) Any such mortgage or other instrument shall be prior in dignity to all subsequent encumbrances, including statutory liens, except landlords' liens."”
3 later decisions quote this exact passage“"In those cases, the general rule is that such a mortgage takes priority as a lien from the date of its record, and not from the date of the disbursements by the mortgagee to the mortgagor for the full amount of the indebtedness actually and in good faith incurred under and secured by the mortgage, not exceeding, however, the maximum amount the mortgagee is obligated to loan or advance by the terms of the mortgage, and of which the recorded mortgage affords constructive notice. Such mortgage is a potential lien for the full amount the mortgagee is obligated to advance under its terms." (Many citations omitted.) 93 Fla. at 990-991 , 113 So. at 120 .”
2 later decisions quote this exact passage“"As to third persons the recording of the mortgage was notice that the $10,000 was already advanced or to be advanced and as between the parties, the mortgagee admits that she was bound to advance the money upon demand by the mortgagor." Simpson v. Simpson, 123 So.2d 289, 293 (Fla.App.2d, 1960) (emphasis added).”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.