Frank W. Kells & Growers' Loan & Guaranty Co. v. Davidson

Supreme Court of Florida

Frank W. Kells & Growers' Loan & Guaranty Co. v. Davidson

153 So. 606, 114 Fla. 299, 1934 Fla. LEXIS 1830

DecidedMarch 20, 1934

StatusPublished

This text of 153 So. 606 (Frank W. Kells & Growers' Loan & Guaranty Co. v. Davidson) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Frank W. Kells & Growers' Loan & Guaranty Co. v. Davidson, 153 So. 606, 114 Fla. 299, 1934 Fla. LEXIS 1830 (Fla. 1934).

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Opinion

Per Curiam.

— This appeal is from a portion of an order or decree excluding averments of usury as a defense in a foreclosure proceeding. It appears to this Court that in order to properly adjudicate all of the alleged equities, testimony should be taken as to the asserted usury as well as to other matters of defense; therefore, the decree or order appealed from is reversed for appropriate proceedings.

It is so ordered.

Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.

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Per Curiam.

— This appeal is from a portion of an order or decree excluding averments of usury as a defense in a foreclosure proceeding. It appears to this Court that in order to properly adjudicate all of the alleged equities, testimony should be taken as to the asserted usury as well as to other matters of defense; therefore, the decree or order appealed from is reversed for appropriate proceedings.

It is so ordered.

Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.

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153 So. 606, 114 Fla. 299, 1934 Fla. LEXIS 1830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-w-kells-growers-loan-guaranty-co-v-davidson-fla-1934.