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ZACHARIA v. ABRAMS

Nos. 63-330, 63-331.

164 So.2d 837 (1964)

Morris ZACHARIA and Ethel Calef, Appellants, v. Irving ABRAMS and Dade County Dairies, Inc., Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 23, 1964.

Attorney(s) appearing for the Case

Joseph Pardo, Miami, for appellants.

Marchant, Perkins, Cook & Schenerlein, Miami, and Theodore M. Trushin, Miami Beach, for appellees.

Before BARKDULL, C.J., and HORTON and HENDRY, JJ.

HORTON, Judge.

In a chattel mortgage foreclosure, appellants, as holders of an alleged prior chattel mortgage, intervened seeking to establish the priority of their mortgage over that of the appellee Abrams and the claim of the appellee Dade County Dairies, Inc., a third party claimant holding a retain title contract. Upon final hearing, the chancellor ruled that the rights of the appellee Dade County Dairies, Inc., claiming under its retain title contract, were superior...

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