Lathers Land Co. v. New York Life Insurance
Lathers Land Co. v. New York Life Insurance
Opinion of the Court
This is an appeal from two interlocutory orders entered in a mortgage foreclosure case wherein the appellant who was defendant below,, contends that the chancellor should have sustained a motion to dismiss tJie *640 bill and should have denied the appointment of a receiver for the mortgaged apartments.
The motion to dismiss was properly denied, because there was undeniably equity in the bill as a whole, and a general demurrer to it under the old practice would have been overruled, even in the face of the technical objections urged in •the motion to dismiss.
The order appointing a receiver should be affirmed on the authority of Carolina Portland Cement Co. v. Baumgartner, 99 Fla. 987, 128 Sou. Rep. 241.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.