JEFFERSON NATIONAL BANK v. THREE WAY CORP.

No. 69-586.

232 So.2d 433 (1970)

JEFFERSON NATIONAL BANK OF MIAMI BEACH, a National Banking Association, Appellant, v. THREE WAY CORPORATION, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

March 3, 1970.


Attorney(s) appearing for the Case

Courshon & Courshon and Robert L. Weintraub, Miami Beach, for appellant.

Kaplan & Shapiro, Miami Beach, for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and SWANN, JJ.


PER CURIAM.

The basic question presented upon this appeal concerns the legal effect upon the title to real property of a recorded "Agreement Not to Encumber". The real property was mortgaged after the agreement was recorded. The appellant bank to whom the agreement was given was made a party to a foreclosure instituted by the appellee corporation. The bank appeals a final judgment which held that the bank did not have a prior lien on the land.

The appellant...

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