ED WANG, MINNIE WANG AND J. DUFF REEVES, APPELLANTS,
v.
FIRST NATIONAL BANK OF FLORALA, A CORPORATION, APPELLEE
Per Curiam.
In this case the Appellee brought suit to foreclose a mortgage on personal property, including crops. There was a demurrer filed to the bill of complaint. The bill of complaint contained allegations of equity and therefor the demurrer was properly overruled.
The decree is attacked upon the ground that it was not supported by the evidence.
The rulings of the Chancellor who tried the cause are presumed upon appeal to be correct and the burden is upon the Appellant to make it clearly to appear that such rulings are erroneous or the decree will be affirmed. (Jackson v. Jackson, 80 Fla. 557; 86 Sou. 510, and cases there cited.)
The decree is affirmed.
Whitfield, P. J., and Terrell and Buford, J. J., concur.
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Gardiner v. Goertner, 110 Fla. 377 (Fla. 1932)…rnhill, 63 Fla. 531, 58 So. 34; Harp v. McRae, 100 Fla. 141, 129 So. 499. The burden is on appellant to show that the finding and order of the probate judge and the decree affirming same were clearly erroneous. Wang v. First Nat’l. Bk. 92 Fla. 974, 110 So. 527; Rundel v. Gordon, 92 Fla. 1110, 111 So. 386; Stevens v. Tampa E. Co., 81 Fla. 512, 88 So. 303; Wood-Hoskins-Young Co. v. Taylor Development Co., 98 Fla. 156, 122 So. 224; Howard v. Goodspeed, 101 Fla. 699, 135 So. 294; Foxworth v. Maddox, 137 So. 1…
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In re Est. of Mary A. Donnelly v. Ashby, 137 Fla. 459 (Fla. 1934)…e the only material witnesses offered having no interest in the property affected by the will. The burden was on the appellant to show that the findings' of the order or decree appealed from was erroneous. See: Wang v. First Nat’l Bank, 92 Fla. 974, 110 So. 527: Rundel v. Gordon, 92 Fla. 1110, 111 So. 386; Stevens v. Tampa E. Co., 81 Fla. 512, 88 So. 303; Wood-Hoskins Young Co. v. Taylor Development Co., 98 Fla. 156, 122 So. 224; Howard v. Goodspeed, 101 Fla. 699, 135 So. 294; Foxworth v. Maddox, 137 So. 1…
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Arley M. Hatch v. Maud Barr Trabue, 99 Fla. 1169 (Fla. 1930)…he absence of affirmative showing to the contrary, this Court must assume that the recitals contained in the decree of the chancellor are based upon proof submitted to him. Webster v. Brown, 91 Fla. 1007, 109 So. R. 320; Wang v. First National Bank, 92 Fla. 974, 110 So. R. 527; Jackson v. Jackson, 80 Fla. 557, 86 So. R. 510. Even admitting that a decree for solicitors’ fees can properly be based upon such findings of the chancellor, in this case, as pointed out, there was no allegation sufficient upon whi…
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- Jackson v. Jackson, 80 Fla. 557 (Fla. 1920)