BENJAMIN H. LONDON AND LIBBIE LONDON, HIS WIFE, APPELLANTS,
v.
MARION MORTGAGE COMPANY, A FLORIDA CORPORATION, AS TRUSTEE, APPELLEE
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The Florida Supreme Court affirmed a lower court's order and decree in a mortgage debt case, with a minor correction to the total amount found due.
The Florida Supreme Court found no error in the lower court's order overruling exceptions and denying the motion for recommitment. The final decree was also affirmed, with a directive for a minor correction to the total amount found due.
“there was no error in the order of May 16, A. D. 1929, overruling the exceptions to the master’s report and denying the defendant’s motion for an order of recommitment, nor in the final decree of the court made and entered on the 29th day of May, 1929, with the exception that there should be deducted from the total amount thereby found and decreed to be due on the mortgage debt to the complainant the sum of $288.63, which amount the court below is hereby directed by appropriate amendment to eliminate from the total amount found to be due in said final decree”
This quote summarizes the court's findings regarding the lower court's order and final decree, including the specific correction to be made.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal by Benjamin H. London and Libbie London against Marion Mortgage Company regarding a mortgage debt. The Londons had filed e…
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This cause having heretofore been submitted to the Court up'on the transcript of the record of the order and decree herein, and briefs and arguments of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there was no error in the order of May 16, A. D. 1929, overruling the exceptions to the master’s report and denying the defendant’s motion for an order of recommitment, nor in the final decree of the court made and' *1172entered on the 29th day of May, 1929, with the exception that there should be deducted from the total amount thereby found and decreed to be due on the mortgage debt to the complainant the sum of $288.63, which amount the court below is hereby directed by appropriate amendment to eliminate from the total amount found to be due in said final decree; and the said final decree, when so corrected, and also the said order appealed from herein, will both stand affirmed.
Affirmed.
Terrell, C. J., and Brown and Bueord, J. J., concur.