POWELL v. WALBEK

No. 67-239.

209 So.2d 488 (1968)

Mrs. C.A. POWELL, Appellant, v. Harold N. WALBEK and Diana B. Walbek, His Wife, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 17, 1968.


Attorney(s) appearing for the Case

Irving Peskoe, Homestead, for appellant.

George B. Hardie, Jr., South Miami, for appellees.

Before PEARSON, BARKDULL and HENDRY, JJ.


PEARSON, Judge.

The appellant was the plaintiff in a suit to foreclose two mortgages. Each mortgage was upon a separate parcel of land in Dade County, Florida. The appellees answered alleging a defense of failure of consideration to the notes evidencing the debt secured by the mortgages. The affirmative defense was asserted in an unsworn answer. After trial, the court entered a judgment for the defendants-appellees upon the ground "the plaintiff has failed to carry...

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