Walker, Et Ux. v. Cone, Et Ux.
Walker, Et Ux. v. Cone, Et Ux.
Opinion of the Court
Appellees filed suit to foreclose real estate mortgage, alleging as the basis for the right to foreclose that mortgagors had failed to pay the lawfully assessed taxes on the property and have failed to have issued and delivered to mortgagees an insurance policy as required by the terms of the mortgage, and that the mortgage in terms provided that the mortgagees should have the right to immediately foreclose the mortgage in the event of such default.
After hearing on report of special master, decree of foreclosure was entered and appeal taken.
The controlling question presented is one of fact.
The findings of the Chancellor upon questions of fact should not be disturbed by the Appellate Court, unless clearly shown to be erroneous. See Sabins, et al., v. City of *254 Daytona Beach, 130 Fla. 62, 177 Sou. 229, and cases there cited.
The decree is affirmed.
So ordered.
Reference
- Full Case Name
- J. C. Walker, Et Ux., v. J. B. Cone, Et Ux.
- Cited By
- 1 case
- Status
- Published