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