NOBLE v. McNEAL

No. G-350.

179 So.2d 126 (1965)

Fred B. NOBLE, Petitioner, v. Erice E. McNEAL and Jimmie S. McNeal, his wife, Respondents.

District Court of Appeal of Florida. First District.

October 14, 1965.


Attorney(s) appearing for the Case

Joseph K. Skipper, Jacksonville, for petitioner.

J. Ray Permenter, Jr., Jacksonville, for respondents.


JOHNSON, Judge.

This is on petition for writ of certiorari to review interlocutory order of Circuit Court, Duval County, Florida denying motion to strike from the answer of the defendants certain allegations of defense.

Respondents accepted delivery of a deed containing a mortgage assumption clause, occupied the premises and made payments on the assumed mortgage for approximately two years before defaulting in the payments. Plaintiff-appellee sued at law on...

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