BLACKWELDER v. D'ERCOLE ENTERPRISES

No. 59-655.

126 So.2d 598 (1961)

Leroy J. BLACKWELDER and Mary Louise Blackwelder, his wife, Appellants, v. D'ERCOLE ENTERPRISES, INC., a Florida corporation, United States of America, Florida Industrial Commission, Charles J. Bodner, Luben K. Greenwood and Frances Greenwood, his wife, and Samuel L. Mensh, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 21, 1961.


Attorney(s) appearing for the Case

Anderson & Nadeau, Miami, for appellants.

Charles E. Buker, Jr., Miami, for appellees.


PEARSON, Judge.

Leroy J. Blackwelder and Mary Louise Blackwelder, his wife, filed their complaint in the Circuit Court of Dade County, Florida, against Charles J. Bodner and prayed for the foreclosure of a certain deed which they alleged to be a mortgage. The defendant, Bodner filed a verified answer in which he alleged that the property was not subject to the claimed mortgage by reason of the fact that his predecessor in title had secured a judgment in the Civil...

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