Meres v. Clayton
Meres v. Clayton
120 So. 766; 97 Fla. 329
(Southern Reporter)
Meres v. Clayton
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.