Public-domain · open source
OpenJurist

48 Fla. 249

Cato v. Easterlin

Supreme Court of Florida

Decided June 15, 1904

Supreme Court of Florida · decided 1904-06-15

This case was decided by the court En Banc. Appeal from Circuit Court for Alachua county. The facts in the case are stated in the opinion of the court.

Decided 1904-06-15

Per Curiam.

¶1Easterlin & Company filed their bill to foreclose a chattel mortgage executed by Will Cato; an ancillary attachment was sued out at the same time, and the property seized thereunder was claimed by Sylvia and Lucius Cato who gave bond with T. C. Bryant and J. B. Douglas as sureties. A final decree was entered adjudging the mortgagor and the claimants and the sureties indebted for the full amount of the balance of the unpaid mortgage. As to the mortgagor this court finds no reversible error committed, and as to him the decree is affirmed; but as to the claimants and sureties there was not one scintilla of proof of the value of the property claimed, and no evidence to authorize the finding of any money decree, and as to them the decree is reversed, with directions to take such further proceedings as may accord with equity and this opinion.

¶2The costs of this appeal will be taxed against the appellees.

¶3All concur, except Carter, J., absent.

/48/fla/249 · .json · Public domain