HILERIO v. BARTON


42 So.2d 275 (1949)

HILERIO et ux. v. BARTON et al.

Supreme Court of Florida, Division A.

October 11, 1949.


Attorney(s) appearing for the Case

Nestor Morales, Miami, for petitioners.

George H. Henry, Coral Gables, for respondents.


THOMAS, Justice.

The petitioners sought a decree in equity declaring a lien on the property they had bought from the respondents for the part of the purchase price they had paid, alleging that the transaction was infected by fraudulent representations of the sellers. They were placed in possession at the time the money was paid and were still occupying the property when the suit was instituted.

No defensive pleadings had been filed or testimony taken when...

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