Gabel v. Drewrys Limited, U.S.A., Inc.
Supreme Court of Florida
68 So.2d 372 (1953)
McCaffrey, a beer distributor, executed a mortgage to Drewrys (plaintiff) in exchange for a forbearance of any legal action by Drewrys to collect on delinquent debts. The parties executed a separate agreement that stated that Drewrys would forebear collection action as long as McCaffrey made timely installment payments under promissory notes. The agreement did not set forth a definite extension of time for payment of the pre-existing debt. Drewrys recorded the mortgage shortly after its execution. Gabel (defendant) was the holder of an unrecorded mortgage from McCaffrey that predated the mortgage to Drewrys. Gabel recorded his mortgage after Drewrys had recorded its mortgage. Drewrys filed suit to foreclose its mortgage and named Gabel as a defendant. The trial court found that Drewrys was a bona fide purchaser. The trial court held that Drewrys’ mortgage took priority over the lien of Gabel’s mortgage and awarded judgment of foreclosure in favor of Drewrys. Gabel appealed.
Rule of Law
Holding and Reasoning (Drew, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.