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LIEBERMAN v. BURLEY

No. 103.

100 So.2d 88 (1958)

Sam LIEBERMAN and Mary Lieberman, his wife, Appellants, v. Charlie BURLEY and Bessie Burley, his wife, Appellees.

District Court of Appeal of Florida. Second District.

January 31, 1958.

Attorney(s) appearing for the Case

Abrams & Anton, Hollywood, for appellants.

Grimditch & Smith, Deerfield Beach, for appellees.

KANNER, Chief Judge.

This suit was for the foreclosure of a mortgage against homestead property. There were no subscribing witnesses to the execution of the mortgage. The appellees asserted the defense that the mortgage was defective and insufficient to encumber the homestead property because there were no witnesses to the signatures of the mortgagors. There is no dispute as to the facts. The chancellor ruled that this defense was

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