Noble v. McNeal

JOHNSON, Judge.

This is on petition for writ of certiorari to review interlocutory order of Circuit Court, Duval County, Florida denying motion to strike from the answer of the defendants certain allegations of defense.

Respondents accepted delivery of a deed containing a mortgage assumption clause,, occupied the premises and made payments-on the assumed mortgage for approximately two years before defaulting in the payments. Plaintiff-appellee sued at law on the note. Respondents’ answer asserted,, inter alia, as defenses that defendants-respondents did not intend to become personally obligated…