SHERBILL v. MILLER MANUFACTURING COMPANY


89 So.2d 28 (1956)

Joe SHERBILL and Hazel Sherbill, his wife, Petitioners, v. MILLER MANUFACTURING COMPANY, Inc., and Thomas J. Kelly, as Sheriff of Dade County, Florida, Respondents.

Supreme Court of Florida. Special Division B.

July 27, 1956.


Attorney(s) appearing for the Case

Edward S. Resnick, Courshon & Courshon and William Malcolm, Miami Beach, for petitioners.

Sibley & Davis and Thomas H. Barkdull, Jr., Miami Beach, for respondents.


O'CONNELL, Justice.

Petitioners executed a note in favor of respondent. They failed to pay the sums due thereunder and respondent reduced the note to judgment in an action brought in the Circuit Court, Dade County. Execution issued on said judgment and pursuant thereto the Sheriff of said county levied on the real property hereinafter described. Prior to sale of said property the petitioners, as provided in Sec. 222.02, Florida Statutes, F.S.A., filed an affidavit...

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