COMMERCIAL ACCEPTANCE CORPORATION v. BARNES

No. F-452.

179 So.2d 251 (1965)

COMMERCIAL ACCEPTANCE CORPORATION, Appellant, v. Harold BARNES and Barbara Barnes, Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied November 12, 1965.


Attorney(s) appearing for the Case

Mahon & Stratford, Jacksonville, for appellant.

Ralph E. Sistrunk and William T. Kaler, Jacksonville, for appellees.


CARROLL, DONALD K., Judge.

In an eminent domain proceeding a petitioner for a determination of its rights as a mortgagee has appealed from a final order entered by the Circuit Court for Duval County ruling that such petitioner is not a bona fide holder for value in due course of a mortgage on lands involved in the said proceeding and that such mortgage is void.

The principal question for determination in this appeal is whether the evidence presented to the...

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