Smith W. Coast Lbr. v. Atl. Lowry Nat'l Bank

Supreme Court of Florida

Smith W. Coast Lbr. v. Atl. Lowry Nat'l Bank

96 Fla. 825

DecidedDecember 22, 1928

StatusPublished

This text of 96 Fla. 825 (Smith W. Coast Lbr. v. Atl. Lowry Nat'l Bank) 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

Smith W. Coast Lbr. v. Atl. Lowry Nat'l Bank, 96 Fla. 825 (Fla. 1928).

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Opinion

Per Curiam.

Appellants brought this suit in equity against appellants to forclose a mortgage on realty. A demurrer to the bill of complaint was overruled, answer was filed, testimony was taken by appellees and on final hearing a decree of foreclosure was entered. Appeal is taken from that decree.

In the appointment of the special master, closing the time for taking testimony, and in the entry of the decree of foreclosure there appears to have been and utter disregard of the rules and proeeedure prescribed for the goverance of such causes.

The decree of the chancellor is therefore reversed.

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

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Per Curiam.

Appellants brought this suit in equity against appellants to forclose a mortgage on realty. A demurrer to the bill of complaint was overruled, answer was filed, testimony was taken by appellees and on final hearing a decree of foreclosure was entered. Appeal is taken from that decree.

In the appointment of the special master, closing the time for taking testimony, and in the entry of the decree of foreclosure there appears to have been and utter disregard of the rules and proeeedure prescribed for the goverance of such causes.

The decree of the chancellor is therefore reversed.

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

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Bluebook (online)

96 Fla. 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-w-coast-lbr-v-atl-lowry-natl-bank-fla-1928.