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HILLMAN v. McCUTCHEN

No. 63-921.

166 So.2d 611 (1964)

Ann HILLMAN, Appellant, v. Mary Louise McCUTCHEN, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied August 18, 1964.

Attorney(s) appearing for the Case

George Gilbert, Miami Beach, for appellant.

Robert B. Ely and Richard Altshuler, Miami, for appellee.

Before CARROLL, HORTON and TILLMAN PEARSON, JJ.

TILLMAN PEARSON, Judge.

The appellant was an owner of a mortgage on real property. In a suit to foreclose her mortgage she suffered an adverse final decree which denied her prayer for foreclosure and upon defendants' counterclaim cancelled the mortgage of record. The defendants were William McCutchen and Mary Louise McCutchen, his wife, who formerly held the real property covered by the mortgage as an estate by the entirety, but only Mary Louise McCutchen is appellee...

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