Mid-State Homes, Inc. v. Hockenbarger

The opinion of the court was delivered by

Schroeder, J.:

This is an action filed by Mid-State Homes, Inc., a Florida corporation, against Charles W. Hockenbarger and Mary Ann Hockenbarger, his wife, to foreclose a real estate mortgage given by the Hockenbargers to secure a promissory note.

The trial court sustained a demurrer to the plaintiff’s evidence and appeal has been duly perfected from such ruling.

The basic question is whether the evidence admitted at the trial of the action is sufficient to overcome the demurrer.

The petition alleged among other things that the Hockenbargers (mortgagors)…