ST. MARTIN v. McGEE


82 So.2d 736 (1955)

Joseph H. ST. MARTIN, and Josephine A. St. Martin, his wife, Appellants, v. Irene U. McGee, a widow, and Lena Krossner, a single woman, Appellees.

Supreme Court of Florida. Special Division A.

Rehearing Denied October 31, 1955.


Attorney(s) appearing for the Case

Hal H. McCaghren, West Palm Beach, for appellants.

Robert Grafton, West Palm Beach, for appellee.


DREW, Chief Justice.

This is an appeal from a final decree dismissing complaint to foreclose a purchase money mortgage and taxing the costs against the plaintiff. The pertinent portions of the decree appealed from are as follows:

"The mortgage involved here is a `purchase money mortgage'. It was given May 10, 1954. Suit to foreclose the mortgage was filed December 20, 1954. The sole ground for foreclosure is that the mortgagors breached the covenant `to keep...

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