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Smith W. Coast Lbr. v. Atl. Lowry Nat'l Bank

Supreme Court of Florida, Division B
Dec 22, 1928
96 Fla. 825 (Fla. 1928)

Opinion

Opinion filed December 22, 1928.

An Appeal from the Circuit Court for Manatee County; W. T. Harrison, Judge.

Will O. Murrell, for Appellants;

Treadwell Treadwell, for Appellees.


Appellants brought this suit in equity against appellants to forclose a mortgage on realty. A demurrer to the bill of complaint was overruled, answer was filed, testimony was taken by appellees and on final hearing a decree of foreclosure was entered. Appeal is taken from that decree.

In the appointment of the special master, closing the time for taking testimony, and in the entry of the decree of foreclosure there appears to have been and utter disregard of the rules and procedure prescribed for the goverance of such causes.

The decree of the chancellor is therefore reversed.

WHITFIELD, P. J. AND TERRELL AND BUFORD, J. J., concur.

ELLIS, C. J., AND STRUM AND BROWN, J. J., concur in the opinion and judgment.


Summaries of

Smith W. Coast Lbr. v. Atl. Lowry Nat'l Bank

Supreme Court of Florida, Division B
Dec 22, 1928
96 Fla. 825 (Fla. 1928)
Case details for

Smith W. Coast Lbr. v. Atl. Lowry Nat'l Bank

Case Details

Full title:ALBERT P. SMITH and WEST COAST LUMBER COMPANY, a Corporation, Appellants…

Court:Supreme Court of Florida, Division B

Date published: Dec 22, 1928

Citations

96 Fla. 825 (Fla. 1928)