Opinion
July 23, 1948 Rehearing denied September 21, 1948
An appeal from the Circuit Court for Dade County; Marshall C. Wiseheart, Judge.
Martin D. Von Zamft, Von Zamft, Simon Lake and Eric C. Van Enter, for appellants.
Walter C. Kovner, for appellee.
Affirmed.
TERRELL, CHAPMAN, ADAMS, BARNS and HOBSON, JJ., concur.
THOMAS, C. J., and SEBRING, JJ., dissent.
Although I agree that the equities of the cause are with the plaintiff below, it is my view that the Chancellor should have ordered a conveyance of the property involved to the plaintiff instead of requiring the purchase price of the property to be repaid by the appellants and decreeing that it should constitute a lien against the property. Therefore, I dissent from the judgment of affirmance entered by this court.