Judges: PER CURIAM. —
Attorneys: A. S. Bussey, for Appellant;
Winters, Foskett Wilcox, Coleman Cook and John R. Beacham, for Appellees.
Filed: Jul. 31, 1934
Latest Update: Mar. 02, 2020
Summary: On May 1, 1925, a mortgage trust deed was executed by Hibiscus Holding Company to First American Bank Trust Company, as trustee, to secure a bond issue, the mortgage deed covering described real estate upon which apartment houses were being erected in Highlands Park Addition to West Palm Beach, Palm Beach County, Florida, "together with all the furniture, fixtures and furnishings which may be placed in the building or buildings situate thereon, whether such buildings now exist or are hereafter e
Summary: On May 1, 1925, a mortgage trust deed was executed by Hibiscus Holding Company to First American Bank Trust Company, as trustee, to secure a bond issue, the mortgage deed covering described real estate upon which apartment houses were being erected in Highlands Park Addition to West Palm Beach, Palm Beach County, Florida, "together with all the furniture, fixtures and furnishings which may be placed in the building or buildings situate thereon, whether such buildings now exist or are hereafter er..
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On rehearing it is made to appear that there is record evidence available affecting the material issue of whether the title to the furniture had in law and in fact passed from the McCampbell Furniture Stores, Inc., to the Palm Beach Securities Corporation; and as on the record filed herein the evidence is not full enough to afford a complete understanding of the issues sought to be made, the decree is again reversed and the cause is remanded for further evidence to be taken in due course of proper procedure. Fuller v. Fuller, 23 Fla. 236,2 So. 426; Morgan v. Dunwoody, 66 Fla. 552, 63 So. 905; Dayton v. Patton, 80 Fla. 763, 86 So. 702; Fleischer v. Va. Car. Chem. Co., 82 Fla. 50, 89 So. 401.
It is so ordered.
DAVIS, C. J., and WHITFIELD, ELLIS, TERRELL, BROWN and BUFORD, J. J., concurs.
