TONER v. HUBBARD

No. 57-328.

105 So.2d 180 (1958)

Edward P. TONER, Jr., L.C. Edwards and Florida Edwards, his wife, Appellants, v. Albert D. HUBBARD and Henry R. Carr, formerly a partnership d/b/a Hubbard and Carr; and Albert D. Hubbard and Nancy Hubbard, his wife; and Henry R. Carr and Marjorie Carr, his wife, Individually; and Weyman Hickey, trustee, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 7, 1958.


Attorney(s) appearing for the Case

Marlow & Sinnamon, Miami, for appellants.

Carr & O'Quin, Marshall G. Curran, Jr., Miami, and Weyman Hickey, Coral Gables, for appellees.


HORTON, Judge.

The final decree appealed from adjudicated a deposit receipt agreement and deed between appellants Edwards and Toner void and that the instrument purporting to be a conveyance of real property to appellees, Hubbard and Carr, was a deed absolute and not a mortgage. The decree further quieted title to the real property in appellees, Carr and Hickey.

On May 17, 1951, Edwards, then the fee simple owner of certain real property, joined by his wife...

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