Supreme Court of Florida, 1929

Meres v. Clayton

Meres v. Clayton
Supreme Court of Florida · Decided March 9, 1929 · Terrell, Whitfield, Ellis, Brown, Buford
120 So. 766; 97 Fla. 329 (Southern Reporter)

Meres v. Clayton

Opinion of the Court

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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