Supreme Court of Florida, 1934

Frank W. Kells & Growers' Loan & Guaranty Co. v. Davidson

Frank W. Kells & Growers' Loan & Guaranty Co. v. Davidson
Supreme Court of Florida · Decided March 20, 1934 · PER CURIAM. —
153 So. 606; 114 Fla. 299; 1934 Fla. LEXIS 1830 (Southern Reporter)

Frank W. Kells & Growers' Loan & Guaranty Co. v. Davidson

Opinion of the Court

Per Curiam.

— This appeal is from a portion of an order or decree excluding averments of usury as a defense in a foreclosure proceeding. It appears to this Court that in order to properly adjudicate all of the alleged equities, testimony should be taken as to the asserted usury as well as to other matters of defense; therefore, the decree or order appealed from is reversed for appropriate proceedings.

It is so ordered.

Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.

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