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Gollnick v. Barker

E. M. Gollnick and Anna E. Gollnick, His Wife, Appellants, v. L. W. Barker, Appellee

Gollnick v. Barker, 114 So. 527 (Fla. 1927)
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Court
Supreme Court of Florida · State Highest Courts
Decided
November 7, 1927
Judges
Whitfield, Terrell, Buford
Citations
114 So. 52794 Fla. 885

Opinion of the Court — Per Curiam

Per Curiam.

This was a suit to have a conveyance absolute on its face decreed to be in effect a mortgage and to require the conveyance of the property to the complainant upon the payment of the debt alleged to have been secured with interest thereon. The decree was in favor of the complainant.

“Sec. 3836, Revised General Statutes 1920, prescribing the effect of instruments conveying property for the purpose or with the intention of securing the payment of money,” is designed to insure effectuation of the genuine intention of the parties by subordinating thereto the ostensible form in which the transaction is finally' couched. Neither artifice of form nor superficial declaration of intention will successfully obscure the true nature of the transaction. Cary & Co. v. Hyer, 91 Fla. 322 , 107 Sou. 689 ; Hull v. Burr, 58 Fla. 432 , 50 Sou. 754 .

While the findings and conclusions of a chancellor, where the testimony is not taken before him but before an examiner or master and the chancellor is not afforded the opportunity of seeing and hearing the witnesses, are not entitled to the same weight as the verdict of a jury and are not so *886 conclusive, yet even in that ease they should not be disturbed by an appellate court, unless they are clearly shown to be erroneous. Mock v. Thompson, 58 Fla. 477 , 50 Sou. 673 ; Lucas v. Wade, 43 Fla. 419 , 31 Sou. 231 .

Affirmed.

Whitfield, P. J., and Terrell and Buford, J. J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1939: 11947: 11990: 119392026peak 1939 · 1

Relies on it most ⓘ

  1. Marcus v. Hull195 So. 170 (Fla. 1939)
  2. Bennett v. Orange State Oil Company31 So. 2d 921 (Fla. 1947) · Dissent
  3. Sommer v. Pennisi48 Fla. Supp. 2d 197 (Fla. Cir. Ct. 1990)

Most recent

  1. Sommer v. Pennisi48 Fla. Supp. 2d 197 (Fla. Cir. Ct. 1990)
  2. Bennett v. Orange State Oil Company31 So. 2d 921 (Fla. 1947) · Dissent
  3. Marcus v. Hull195 So. 170 (Fla. 1939)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Lucas v. Wade, 43 Fla. 419 (1901) 67
Hull v. Burr, 58 Fla. 432 (1909) 41
Mock v. Thompson, 58 Fla. 477 (1909) 37
Cary Co. v. Whiting Hyer, 107 So. 684 (Fla. 1926) 26
Donegan Cattle Co. v. City of Kissimmee, 107 So. 689 (Fla. 1926) 1

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