Supreme Court of Florida, 1933

Warren v. Seminole Bond & Mortgage Co.

Warren v. Seminole Bond & Mortgage Co.
Supreme Court of Florida · Decided October 17, 1933 · Davis, Whitfield, Buford, Brown
151 So. 291; 112 Fla. 363 (Southern Reporter)

Warren v. Seminole Bond & Mortgage Co.

Opinion of the Court

" Per Curiam.

In a suit, brought to foreclose a mortgage by the appellees against the appellants the defense of usury was interpos'ed in answer and in counter claim embraced in the answer.

The appellees were the original mortgagees.

The decree was in favor of the complainants.

We think the decree should be reversed on authority of the cases of McCullough v. Hill, 105 Fla. 680, 133 Sou. 846; Tucker v. Fouts, 73 Fla. 1215, 76 Sou. 130; Benson v. First *364 Trust & Savings Bank, 105 Fla. 135, 142 Sou. 887. It is so ordered.

Reversed.

Davis, C. J., and Whitfield, Ellis arid Buford, J. J., concur. Brown,, j., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.