SMITH v. BISCAYNE PARK ESTATES


42 So.2d 442 (1949)

SMITH v. BISCAYNE PARK ESTATES, Inc. et al.

Supreme Court of Florida, Special Division A.

Rehearing Denied November 7, 1949.


Attorney(s) appearing for the Case

Glenn Bludworth, Miami, for appellant.

E. Paul Beatty, Miami, for appellees.


ROBERTS, Justice.

This appeal is from the final decree of the lower court holding that certain transactions involved in this litigation were mortgages rather than deeds of sale.

It is well settled in this jurisdiction that whether a deed absolute in form is to be taken as a mortgage depends on the parties' intention at the time of the execution. McKinney v. Gainey, 96 Fla. 547, 118 So. 917; Markell v. Hilpert, 140 Fla. 842, 192 So. 392; Marcus v. Hull, 142...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases