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Cross, et Ux., v. Hurlburt

Supreme Court of Florida
Jun 14, 1935
162 So. 48 (Fla. 1935)

Opinion

Opinion Filed June 14, 1935. Rehearing Denied June 26, 1935.

An appeal from the Circuit Court for Hillsborough County, L. L. Parks, Judge.

W. J. Bivens, for Appellants;

C. N. Smith, for Appellee.


The appeal in this case is from final decree in foreclosure suit.

We can see no useful purpose to be served by a discussion of the questions presented.

On the whole it appears that while interest was in default mortgagee agreed to accept certain bonds in a named amount in satisfaction of the mortgage debt if bonds should be delivered within a stated period. No additional consideration moved to the mortgagee as a basis for the agreement. The bonds were not forthcoming within the time named.

After it appeared that the bonds would not be forthcoming the mortgagee, by his attorney, notified the mortgagor that if interest were not promptly paid suit to foreclose would be instituted. The interest was not promptly paid but later another interest payment period arrived and interest again became in default. This default occurred August 10, 1934. Suit was instituted October 2, 1934.

We find no reversible error disclosed by the record.

The decree should be affirmed.

So ordered.

Affirmed.

ELLIS, P. J., and TERRELL, and BUFORD, J. J., concur.

WHITFIELD, C. J., and BROWN and DAVIS, J. J., concur in the opinion and judgment.


Summaries of

Cross, et Ux., v. Hurlburt

Supreme Court of Florida
Jun 14, 1935
162 So. 48 (Fla. 1935)
Case details for

Cross, et Ux., v. Hurlburt

Case Details

Full title:CARL J. B. CROSS, et ux., v. ELMER P. HURLBURT

Court:Supreme Court of Florida

Date published: Jun 14, 1935

Citations

162 So. 48 (Fla. 1935)
162 So. 48

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