Gables Racing Assoc., Inc. v. Persky

This case is in this Court the third time. The first appeal, Persky v. Gables Racing Assoc., Inc., 156 So. 392, the second appeal, Persky v. Gables Racing Assoc., 180 So. 24, and now on rehearing.

It was instituted as a suit to foreclose a mortgage. After taking considerable testimony that theory was practically abandoned and the bill was remanded to foreclose the same alleged debt as an equitable lien. This theory of the case was approved, if proven, on the second appeal. We are now satisfied also from the evidence and pleadings the mortgage was not the defendant's mortgage.

We are now…