OVERHOLSER v. THEROUX

No. 62-394.

149 So.2d 582 (1963)

O.H. OVERHOLSER and Nola Overholser, his wife, and David L. Bechtold and Janet Bechtold, his wife, Appellants, v. Arthur THEROUX, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 28, 1963.


Attorney(s) appearing for the Case

Anderson & Nadeau, Miami, for appellants.

Herman I. Bretan, Miami, for appellee.

Before CARROLL, HORTON, and BARKDULL, JJ.


HORTON, Judge.

The appellants seek review of an adverse final decree foreclosing a purchase money mortgage on improved real property in Dade County, Florida.

The dispute between the parties evolved out of the following circumstances. In December, 1953, the appellee sold certain property to Paul and Ruth Marsh, receiving their note and mortgage to evidence and secure a portion of the purchase price. The note was payable in $100 installments due on the first...

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