Legal Opinion

Coleman v. Brooks

District Court of Appeal of Florida

Decided July 8, 1959No. 555PublishedCited by 4 opinions

1Opinion of the Court

KNOTT, JAMES R., Associate Judge.

This was a mortgage foreclosure suit in which appeal was taken by the plaintiffs from a decree dismissing the cause with prejudice.

The mortgage encumbered a one-half interest in certain lands which had been conveyed on July 29, 1954, by the plaintiffs to the defendants, and was alleged by plaintiffs to constitute a purchase money mortgage. The defendants’ amended answer, admitting that there had been no payment made on the note, alleged affirmatively that the parties had entered into a partnership agreement; that the note and mortgage were but a part of the…

2Cases cited3 opinions

  1. Chappell v. HascheDistrict Court of Appeal of Florida · 1957
  2. Tharp v. Kitchell Tharp v. HiscockSupreme Court of Florida · 1942
  3. Bassato v. DenicolaSupreme Court of Florida · 1955

3Cited by4 opinions

  1. Archibald v. WittmerDistrict Court of Appeal of Florida · 1960
  2. Evans v. United Benefit Fire Insurance Co. of OmahaDistrict Court of Appeal of Florida · 1966
  3. Sun Bank of Tampa Bay v. BryanDistrict Court of Appeal of Florida · 1988
  4. Gulf-Atlantic Production Credit Ass'n v. Rigdon, Circuit Court of the 5th Judicial Circuit of Florida, Lake County1970

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