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SMITH v. MARTIN

No. 33997.

186 So.2d 16 (1966)

Ben SMITH and Sylvia Smith, His Wife, Appellants, v. Exerdell B. MARTIN and Albert C. Martin, Appellees.

Supreme Court of Florida.

Rehearing Denied April 13, 1966.

Attorney(s) appearing for the Case

Eugene C. Heiman, of Myers, Heiman & Kaplan, Miami, for appellants.

Sheldon R. Rosenthal, Miami, for appellees.

THOMAS, Justice.

On 3 April 1964 Exerdell Martin, wife of Albert C. Martin, borrowed $1850 from the appellants to discharge a note and mortgage held by one William Lay encumbering real property owned by the wife. She executed a note evidencing the loan and signed the instrument "Exerdell B. Martin, a single woman". As security for the note she executed and delivered to the Smiths a mortgage which, too, described her as "a single woman". She wasn't single at all, having...

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