Powell v. Walbek

PEARSON, Judge.

The appellant was the plaintiff in a suit to foreclose two mortgages. Each mortgage was upon a separate parcel of land in Dade County, Florida. The appellees answered alleging a defense of failure of consideration to the notes evidencing the debt secured by the mortgages. The affirmative defense was asserted in an unsworn answer. After trial, the court entered a judgment for the defendants-appellees upon the ground “the plaintiff has failed to carry the necessary burden of proof raised by the plea of failure of consideration.” We affirm.

The appellant had sold her restaurant in…