Cooper v. Knight

Supreme Court of Florida
Cooper v. Knight, 157 So. 27 (Fla. 1934)
117 Fla. 32; 1934 Fla. LEXIS 1184
Whitfield, Brown, Buford, Davis, Terrell

Cooper v. Knight

Opinion of the Court

Per Curiam.

This appeal is from an order confirming a sale of lands under a foreclosure decree and awarding on motion a deficiency decree against the defendant. On the showing made as to the value of the property the sale should not have been confirmed; and the deficiency decree was consequently erroneously rendered. The issue of usury presented in defense of a deficiency decree need not be now considered as the order confirming the foreclosure sale is reversed. In Garner v. Slack, 112 Fla. 553, 150 So. 750, the motion for a deficiency decree was not challenged; there was as here a prayer for general relief. See Coe-Mortimer Co. v. Dusendschon, 113 Fla. 818, 152 So. 729; Atlantic Shores Corp. v. Zetterlund, 103 Fla. 761, 138 So. 50.

Reversed.

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

Reference

Full Case Name
Lovilla J. Cooper v. George L. Knight.
Cited By
1 case
Status
Published