Georgia Holding & Investment Co. v. Citizens Bank

(dissenting). — The appellant’s first question raises the point that the notes and mortgage were never introduced in evidence. Appellee admits this inadvertence. While the defendant, appellant here, admitted in its answer the execution of the notes and mortgage described in the bill, this did not dispense with the necessity of producing them in evidence. Until this was done, the foundation for the decree of foreclosure was never proven. See Lenfesty v. Coe, 34 Fla. 363, 16 So. 277, and other cases cited in Johns Supply Co. v. McNeely, 125 Fla. 306, 169 So. 732.

As shown by the opinion in…