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Kersey, et Ux. v. Sinclair Refining Company

Supreme Court of Florida, Division A
Apr 25, 1933
147 So. 844 (Fla. 1933)

Opinion

Opinion filed April 25, 1933.

An appeal from the Circuit Court for Indian River County, Elwyn Thomas, Judge.

Gus A. Tomlinson and C. P. Diamond, for Appellants;

Vocelle Mitchell, for Appellee.


This is a foreclosure case in which the final decree was against the mortgagors. The order striking the answer of the mortgagor's wife questioning the validity of her acknowledgment of the mortgage was properly made by the court on the authority of Herald v. Hardin, 95 Fla. 889, 116 Sou. Rep. 863. The final decree foreclosing the mortgage was entered after full hearing on the merits and does not appear to be clearly erroneous, so it must be affirmed on the authority of Tunnicliffe v. Volusia County Bond Mortgage Co. (Fla.), 137 Sou. Rep. 885.

Affirmed.

DAVIS, C. J., and ELLIS and TERRELL, J. J., concur.

WHITFIELD, P. J., and BROWN and BUFORD, J. J., concur in the opinion and judgment.


Summaries of

Kersey, et Ux. v. Sinclair Refining Company

Supreme Court of Florida, Division A
Apr 25, 1933
147 So. 844 (Fla. 1933)
Case details for

Kersey, et Ux. v. Sinclair Refining Company

Case Details

Full title:E. J. KERSEY, et ux., Appellants, v. SINCLAIR REFINING COMPANY, Appellee

Court:Supreme Court of Florida, Division A

Date published: Apr 25, 1933

Citations

147 So. 844 (Fla. 1933)
109 Fla. 528