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Kersey, Et Ux. v. Sinclair Refining Company

E. J. Kersey, Et Ux., Appellants, v. Sinclair Refining Company, Appellee

Kersey, Et Ux. v. Sinclair Ref. Co., 147 So. 844 (Fla. 1933)
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Court
Supreme Court of Florida · State Highest Courts
Decided
April 25, 1933
Judges
Davis, Ellis, Terrell, Whitfield, Brown, Buford
Citations
147 So. 844109 Fla. 528

Opinion of the Court — Per Curiam

Per Curiam.

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.

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Authorities cited 2

DepthCaseCited by
Herald v. Hardin, 116 So. 863 (Fla. 1928) 40
Tunnicliffe v. Volusia Cnty. Bond & Mortg. Co., 137 So. 885 (Fla. 1931) 5

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