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CAPE SABLE CORPORATION v. McCLURG

74 So.2d 883 (1954)

CAPE SABLE CORPORATION, a Florida corporation, Appellant, v. Elwood M. McCLURG, Appellee.

Supreme Court of Florida. Division A.

October 5, 1954.

Attorney(s) appearing for the Case

Malcolm S.H. Kneale, Kneale & Kneale, Miami, John T. Wigginton and Caldwell, Parker, Foster & Wigginton, Tallahassee, for appellant.

Dunn & Hickey, James S. Dunn and Richard Hickey, Miami, for appellee.

SEBRING, Justice.

Cape Sable Corporation filed a complaint against Edward McClurg for a declaratory decree declaring its rights under a sheriff's deed to certain realty in McClurg's possession. This appeal is from a final order dismissing the complaint upon motion by the defendant. The sole issue presented for consideration is whether or not the trial court erred in its conclusion that the suit is one brought essentially for the purpose of trying title to real property...

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