ERNEST MERES, AS RECEIVER OF THE SPONGE EXCHANGE BANK OF TARPON SPRINGS, APPELLANT,
v.
H. C. CLAYTON AND GRACE B. CLAYTON, HIS WIFE, APPELLEES
ERNEST MERES, AS RECEIVER OF THE SPONGE EXCHANGE BANK OF TARPON SPRINGS, APPELLANT,
H. C. CLAYTON AND GRACE B. CLAYTON, HIS WIFE, APPELLEES
97 Fla. 329
Florida Supreme Court (1929)
Positive Treatment
Cited by 4 cases
Opinion of the Court
Per Curiam.
In a mortgage foreclosure the defense was payment and the bill of complaint was dismissed. Complainant appealed. Payment being an affirmative defense it should be shown by a clear preponderance of the evidence. 42 C. J. 117, Section 1677.
As to payment of the entire debt the evidence is indefinite, and the decree is reversed and the cause remanded for appropriate proceedings.
It is so ordered.
Terrell, C. J., and Whitfield, Ellis, Brown and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cent. Hanover Bank & Tr. Co. v. Smith, 134 Fla. 845 (Fla. 1938)…s on the plaintiff to establish these material allegations by a clear preponderance of the evidence. We think the plaintiff below has clearly established the payment of the notes and mortgage by a preponderance of the evidence. See Meres v. Clayton, 97 Fla. 329, 120 So. 766; Drake Lumber Co. v. Semple, 100 Fla. 1757, 130 So. 577, 75 A. L. R. 687; Loomis v. Dubois, 82 Fla. 293, 89 So. 804; Parsons v. Ramsey, 55 Fla. 658, 45 So. 991. The Chancellor below in the final decree said: ‘‘7. The great preponderan…
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Wiggins v. Clinton A. (Bill) Morrison, 242 So. 2d 184 (Fla. 2d DCA 1970)…t a deed is supported by the evidence. His finding that the mortgage was paid off is supported only by Morrison's statement, “I paid the mortgage off” and some inconclusive talk about who owed whom what. This is insufficient. Meres v. Clayton, 1929, 97 Fla. 329, 120 So. 766. Cf. First National Bank and Trust Co. of Eustis v. Boyd, Fla.App.1960, 124 So. 2d 27. Affirmed in part, reversed in part and remanded for entry of judgment for defendant in the ejectment action. Prior to entry of such judgment the par…