Opinion
Decision Filed July 29, 1926.
An Appeal from the Circuit Court of Dade County; H. F. Atkinson, Judge.
Johnson McIlvaine and Swearingen, Marsh Rosenthal, for Appellants;
McCune, Casey, Hiaasen and Fleming, for Appellee.
A motion to strike a portion of an answer averring a failure of consideration for a mortgage sought to be enforced, was erroneously granted, therefore the order striking is on appeal reversed.
WHITFIELD, P. J., AND TERRELL AND BUFORD, J. J., concur.
BROWN, C. J., AND ELLIS AND STRUM, J. J., concur in the opinion.