Meres v. Clayton

Supreme Court of Florida

Meres v. Clayton

120 So. 766, 97 Fla. 329

CourtSupreme Court of Florida

DecidedMarch 9, 1929

StatusPublished

Cited by2 cases

This text of 120 So. 766 (Meres v. Clayton) 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.

Bluebook

Meres v. Clayton, 120 So. 766, 97 Fla. 329 (Fla. 1929).

Pincite

Opinion

Per Curiam.

In a mortgage foreclosure the defense was payment and the bill of complaint was dismissed. Complainant appealed. Payment being an affirmative defense it should be shown by a clear preponderance of the evidence. 42 C. J. 117, Section 1677.

As to payment of the entire debt the evidence is indefinite, and the decree is reversed and the cause remanded for appropriate proceedings.

It is so ordered.

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

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Per Curiam.

In a mortgage foreclosure the defense was payment and the bill of complaint was dismissed. Complainant appealed. Payment being an affirmative defense it should be shown by a clear preponderance of the evidence. 42 C. J. 117, Section 1677.

As to payment of the entire debt the evidence is indefinite, and the decree is reversed and the cause remanded for appropriate proceedings.

It is so ordered.

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

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Bluebook (online)

120 So. 766, 97 Fla. 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meres-v-clayton-fla-1929.

Opinion

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