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LEE COUNTY BANK v. METROPOLITAN LIFE INSURANCE CO.

No. 2108.

126 So.2d 589 (1961)

LEE COUNTY BANK, a banking corporation, Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Inc., et al., Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied February 15, 1961.

Attorney(s) appearing for the Case

Henderson, Franklin, Starnes & Holt, Fort Myers, for appellant.

Leslie D. Scharf and James E. Thompson, Fowler, White, Gillen, Humkey & Trenam, Tampa, for appellees, A. Budrow Howe, Olive C. Howe and Metropolitan Life Ins. Co., Inc.

George E. Allen, Allen & Knudsen, Fort Myers, for appellees, A. Budrow Howe and Olive C. Howe.

ALLEN, Chief Judge.

The appellant instituted this action against the appellee-defendants, A. Budrow Howe and Olive C. Howe, his wife, seeking foreclosure of a mortgage which had been executed to it by McGregor Gardens, Inc., on a parcel of land which had previously been sold by McGregor Gardens, Inc. to the Howes pursuant to an unrecorded contract to purchase. The defendants answered alleging that they had no knowledge of the mortgage; that they had since paid McGregor...

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