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RIVERS v. AMARA

40 So.2d 364 (1949)

RIVERS et ux. v. AMARA.

Supreme Court of Florida, en Banc.

Rehearing Denied May 27, 1949.

Attorney(s) appearing for the Case

Rivers & Anderson, of Green Cove Springs, and Thomas H. Anderson, of Miami, for appellants.

George E. Turner, of Jacksonville, for appellee.

BARNS, Justice.

The appellants brought a bill seeking a cancellation of a mortgage, whereupon the defendant answered and filed a counterclaim seeking foreclosure of the mortgage. The cause was referred to a Master, who found that the mortgage was given to secure the cost of construction of a dwelling to be built by the appellee but that the building was not built according to the contract and that the mortgage should be cancelled. The Chancellor found that the sum...

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