FRED L. MCCULLOUCH, ET AL.,
v.
MARIE E. MOORE

Fla. | 1936-07-23
Ellis, P. J., and Terrell and Buford, J. J., concur., Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.
125 Fla. 48 Florida Supreme Court (1936) Positive Treatment
Also reported at: 169 So. 552
Cited by 2 cases

Opinion of the Court
Per Curiam.

*49Per Curiam.

— The appeal here is from final decree of foreclosure.

The contentions are that complainant was not entitled to decree for the amount allowed for attorneys’ fees because the suit was prematurely instituted and that the complainant should not recover because an extension of maturity of a part of the loan involved was accomplished by a transaction tainted with usury.

As to the first proposition there is ample evidence to support the decree and as to the second proposition there is no evidence establishing the elements of usury in any of the transactions involved.

So, the decree should be affirmed. It is so ordered.

Affirmed.

Ellis, P. J., and Terrell and Buford, J. J., concur.

Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.


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  • …nd jurisdiction over the lands. State, ex rel., v. City of Cedar Key, 122 Fla. 454, 165 So. 672; Henderson v. Town of Lake Placid, filed January 8, 1938; City of Winter Haven v. Gillespie, 84 Fed. (2d) 285; State, ex rel., v. Walthall, 124 Fla. 866, 169 So. 552; State, ex rel., v. Walthall, 125 Fla. 423, 170 So. 115 ; West v. Town of Lake Placid, 97 Fla. 127, 120 So. 361; Speer v. Board, 88 Fed. 749, 32 C. C. A. 101; Clapp v. Otie County, 104 Fed. 473, 145 C. C. A. 579. A like rule applies when it is atte…
  • …uit court judgment of ouster rendered by direction of the opinion and judgment of this court in State ex rel. v. City of Winter Haven, 114 Fla. 199. See Klemm v. City of Winter Haven, filed this day. See also State ex rel. v. Walthall, 124 Fla. 866, 169 So. 552. The sufficiency of the title of an Act is a question of law; in violation of Section 8, Art. VIII involves questions of facts. It has also been adjudicated that the added rural lands may be subject to de jacto municipal jurisdiction if appropriate…

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