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POWELL v. METZ

55 So.2d 915 (1952)

POWELL v. METZ et al.

Supreme Court of Florida, Special Division A.

January 4, 1952.

Attorney(s) appearing for the Case

F.E. Gotthardt, Miami, for appellant.

Victor B. Hutto, Miami, and Lawrence G. Ropes, Jr., Miami, for appellees Frederick E. Metz and Rose M. Metz, his wife.

S.N. Smith, Vero Beach, for appellee W.H. Powell.

THOMAS, Justice.

Frederick E. Metz and his wife sued W.H. Powell and Estey M. Powell, one-time husband and wife, seeking a decree determining which one of the Powells was the proper person to receive payments on a purchase-money mortgage given by the Metzes to the Powells before the latter were divorced. Though the encumbered property was owned by Powell before his marriage to appellant, the mortgage was "Executed * * * to W.H. Powell and Estey M. Powell, his wife...

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