The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-09-16

That there was apparent, upon The face of the
bill OF exchange, no alteration, nor any presump-
tive evidence or reasonable ground for suspicion
thereof
Decree affirmed.
Fleming & Daniel, for Appellant; A. w. Cock
rell & Son. ]. M Bars, for Appcllees.
Frank franklin, Appellant, VS.. Lotion NJ. Jones,
Administrator, &c, Appeee-Duval county.
McWHoRTER, G. j.:
1. The reformation Of written instruments,
when by mistake they express more or less than
the parties intended, is we'll established branch
of equity jurisdiction.
2. The writing should I've taken To he the sole
expositor Of the intent Of the parties until The
contrary is established by full and satisfactory
proof, beyond reasonable controversy.
Decree affirmed.
RB Archibald for Appellant; Harlridge &
Young for Appellee.
Bank of Key West, Appellant VS. j. F. Navar-
ro. et ur, Appellecs-M Inroe county.
McWHoRTER, c. j.:
A bill fled TO iOreclOse a mortgage made by
N and wife to secure one thousand dollars To- b.,
as represented by one of G. z. u NJ drafts
which does not show that b. WAS the owner of
said draft at the time of filing the bill, or that
said draft was due when the same was filed, is
fatally defective and demurrer thereto should
he sustained.
r. w. Williams, Tor Appellant; Jno A. Hen
derson, for Appellees.
Geo. A. Logan, Appellant, VS.. Slade Il Etherdge
ct al, Appellees jackson county.
MCWHoRTER, G. j.:
l. court of equity will prevent, by injunc-
ton, mortgagor from impairing the value OF or
destroying the properly embraced in the mort
gage lien, on which the morgagee has right,
by virtue of his mortgage, to rely for tine
curity of his debt
2. When a merchant, on the day after the ex-
eculon of mortgage on his stock of goods in
favor OF some Of his creditors disp0ses of large
amount ot them to other creditors in payment of
their debts court "f equity is Justified in en-
Joining him from selling said goods Otherwise
Than for cash, and commanding him To pay the
proceeds, after deducling expenses OF sale, into
the registry of the court.
3. II the remedy by Injunction above
proves To be intfecual the court may appoint n
Receiver to take charge OF the goods and dis
pose OF them under its direction.
4. An agreement by the mortgagee not 10 re-
cord mortgage of personal property for twenty
days after its execution is il valid agreement be-
tween the parties to ii, but such mortgage is
void as to creditors and purchasers without no
tice whose rights attach before il is recorded.
5. All instrument in writing executed by
mortgage at the time of the execution To him
of mortgage of personal property not TO record
the same within twenty days. and not then, If
satisfactory payments were made in the mean
time, unless, in the opinion of The attorneys of
the morpgec it WAS necessary To protect his in
tcrcSi construed To mean, that II for good cause
the attorneys OF the mort gagee filed the mort
gage for record before the expiration of the
twenty days, the mortgagor not having up To the
time OF recording made satisfactory payments,
such action on the part of the attorneys, if ne
ccssary 10 protect the interest of the mortgagce,
terminated the stipulation not t" record the
mortgage at all, il satisfactory payments were
made.
Decree affirmed
John W. Malone, John II. McKinnc, for Ap-
pellnnt; Liddon & Carter, for Appcllces.