Judges: PER CURIAM. —
Attorneys: Henry J. O'Neill, and Winters, Foskett Wilcox, for Appellants;
Raymond S. Yeomans, for Appellees.
Filed: Jan. 06, 1930
Latest Update: Mar. 02, 2020
Summary: Appellants were among the defendants below in a proceeding brought to foreclose a first mortgage upon lands situate in Palm Beach County, Florida. The amended bill of complaint, among other things, alleged that defendants Traylor and Gillespie, were the makers of the notes and first mortgage sought to be foreclosed; that defendant Ocean and Lake Realty Company, claimed some interest in the mortgaged lands under an agreement to purchase; that defendant Blue Heron Land Company, claimed to be the h
Summary: Appellants were among the defendants below in a proceeding brought to foreclose a first mortgage upon lands situate in Palm Beach County, Florida. The amended bill of complaint, among other things, alleged that defendants Traylor and Gillespie, were the makers of the notes and first mortgage sought to be foreclosed; that defendant Ocean and Lake Realty Company, claimed some interest in the mortgaged lands under an agreement to purchase; that defendant Blue Heron Land Company, claimed to be the ho..
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The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and decreed by the Court that the said final decree of the court below, in so far as it ordered defendants to pay taxes, not advanced or paid out by complainants, before being permitted to redeem, and in so far as it undertook to find the amount due Traylor and Gillespie under the second mortgage, and provided that they have credit therefor, if they became the successful bidders at foreclosure sale, be and the same is hereby reversed; it is further ordered by the Court that in all other respects the said final decree be and the same is hereby affirmed, and the cause remanded for further and appropriate proceedings.
TERRELL, C. J., AND WHITFIELD, ELLIS, STRUM, BROWN AND BUFORD, J. J., concur.
