Phillips v. Smith

Supreme Court of Florida

Phillips v. Smith

156 So. 260, 116 Fla. 1

DecidedJuly 27, 1934

StatusPublished

This text of 156 So. 260 (Phillips v. Smith) 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

Phillips v. Smith, 156 So. 260, 116 Fla. 1 (Fla. 1934).

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Opinion

Per Curiam.

In this case the appeal is from a final decree in foreclosure in which the defense of usury was interposed.

The only question presented by the record for our determination is whether or not there is substantial evidence in the record to sustain the decree.

The case was' referred to a Master to take testimony and to make findings. The Master.found in favor of the complainants. Exceptions were filed to the Master’s report and were overruled by the Chancellor.

We find in the record substantial evidence to support the findings of both the Master and the Chancellor and, *2 therefore, will not disturb the decree, which is now affirmed.

Whitfield, P. J., and Brown and Buford, J. J., concur. Davis, C. J., and Ellis and Terrell, J. J., concur in the opinion and judgment.

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Per Curiam.

In this case the appeal is from a final decree in foreclosure in which the defense of usury was interposed.

The only question presented by the record for our determination is whether or not there is substantial evidence in the record to sustain the decree.

The case was' referred to a Master to take testimony and to make findings. The Master.found in favor of the complainants. Exceptions were filed to the Master’s report and were overruled by the Chancellor.

We find in the record substantial evidence to support the findings of both the Master and the Chancellor and, *2 therefore, will not disturb the decree, which is now affirmed.

Whitfield, P. J., and Brown and Buford, J. J., concur. Davis, C. J., and Ellis and Terrell, J. J., concur in the opinion and judgment.

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Bluebook (online)

156 So. 260, 116 Fla. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-smith-fla-1934.