Haymore and Bailey v. Stubbs

Supreme Court of Florida

Haymore and Bailey v. Stubbs

150 So. 262, 112 Fla. 308, 1933 Fla. LEXIS 2223

Supreme Court of Florida·Decided October 12, 1933·Published

Opinion

Per Curiam.

When a general demurrer is interposed' to a bill filed to foreclose a mortgage, such demurrer is properly overruled if the bill be found to contain any equity. In this case this Court finds from an examination of the transcript of the record that the bill of complaint is' sufficient in substance; therefore, the order appealed from overruling a demurrer to it should be affirmed.

Affirmed.

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

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Per Curiam.

When a general demurrer is interposed' to a bill filed to foreclose a mortgage, such demurrer is properly overruled if the bill be found to contain any equity. In this case this Court finds from an examination of the transcript of the record that the bill of complaint is' sufficient in substance; therefore, the order appealed from overruling a demurrer to it should be affirmed.

Affirmed.

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

Haymore and Bailey v. Stubbs, 150 So. 262, 112 Fla. 308, 1933 Fla. LEXIS 2223 (Fla. 1933).

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