Frank W. Kells & Growers' Loan & Guaranty Co. v. Davidson
Frank W. Kells & Growers' Loan & Guaranty Co. v. Davidson
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
— 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.