Meres v. Clayton

Supreme Court of Florida March 9, 1929

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

97 Fla. 329

Terrell, Whitfield, Ellis, Brown, Buford

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.

Reference

Full Case Name: Ernest Meres, as Receiver of the Sponge Exchange Bank of Tarpon Springs, Appellant, v. H. C. Clayton and Grace B. Clayton, His Wife, Appellees
Cited By: 2 cases
Status: Published