Hardee v. Bennett

On Rehearing.

Opinion filed September 26, 1932.

Davis, J.

For other proceedings in this case see Brogan v Ferguson, 101 Fla. 1306, 131 Sou. Rep. 171, 101 Fla. 1311, 133 Sou. Rep. 317; Hardee v. Bennett, foregoing opinion rendered April 20, 1932, 140 Sou. Rep. 906, and foregoing opinion rendered May 21, 1932, 141 Sou. Rep. 753.

In our opinion rendered April 20, 1932 (Hardee v. Bennett, 105 Fla. 282, 140 Sou. Rep. 906) we held that in a first mortgagee’s foreclosure suit against first mortgagor, who held second mortgage, and holder of fee, first mortgagor’s suit pending to compel immediate and…