MacARTHUR v. MERWITZER

No. 65-776.

180 So.2d 164 (1965)

R.M. MacARTHUR, Appellant, v. Louis MERWITZER and Rebecca Merwitzer, his wife, et al., Appellees.

District Court of Appeal of Florida. Third District.

November 16, 1965.


Attorney(s) appearing for the Case

Edward C. Vining, Jr., and R.M. MacArthur, Miami, for appellant.

Rosenberg, Rosenberg & Reisman, Miami, for appellees.

Before HENDRY, C.J., and CARROLL and SWANN, JJ.


CARROLL, Judge.

On this interlocutory appeal by a defendant below, from an order denying his motion to dismiss the complaint in a mortgage foreclosure suit, the question presented is whether the complaint with its exhibits set forth facts upon which relief could be granted.

The complaint revealed that the mortgage sought to be foreclosed was given to secure the unpaid portion ($1,932,000) of the purchase price of real estate. It was alleged that certain lands...

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