Legal Opinion

Davis v. Fat Man's Bar-B-Que of Tallahassee, Inc.

District Court of Appeal of Florida

Decided December 20, 1973No. S-330Published

1Opinion of the Court

CREWS, JOHN J., Associate Judge.

The cause below was commenced by ap-pellees, seeking the cancellation of a note and mortgage on grounds of satisfaction. The appellants filed a counterclaim seeking foreclosure and a third-party complaint joining Tallahassee Federal Savings and Loan Association, alleging that a mortgage executed by the appellees to that institution was inferior to the lien of the appellants. The court denied appellants’ prayer that *30their mortgage be declared a first lien on the property, denied its foreclosure, and order the clerk of the circuit court, upon payment of $1,000.00…

2Cases cited4 opinions

  1. Ohio Butterine Co. v. HargraveSupreme Court of Florida · 1920
  2. Richart v. RoperSupreme Court of Florida · 1946
  3. Berlin v. JacobsSupreme Court of Florida · 1945
  4. Winston v. JD Gramm, Inc.District Court of Appeal of Florida · 1973

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