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LUTHERAN BROTHERHOOD v. HOOTEN

No. 69-569.

237 So.2d 23 (1970)

LUTHERAN BROTHERHOOD, Appellant, v. J.H. HOOTEN and Janet Hooten, His Wife, General Guaranty Insurance Company, Superior Fertilizer and Chemical Company, and First National Bank and Trust Company of Eustis, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 23, 1970.

Attorney(s) appearing for the Case

Fletcher G. Rush, and P. Thomas Boroughs, of Rush, Marshall & Bergstrom, Orlando, for appellant.

Robert E. Austin, Jr., Leesburg, W.B. Hunter, Tavares, and Walter Warren, Leesburg, for appellees, J.H. and Janet Hooten.

Harold A. Ward, III, Winter Park, for appellee, General Guaranty Insurance Co.

F. Ronald Fraley, Tampa, for appellee, Superior Fertilizer and Chemical Co.

Robert A. Stebbins, Eustis, for appellee, First National Bank and Trust Co.

HOBSON, Chief Judge.

On February 11, 1966, a fire occurred destroying and damaging certain real and personal property owned by appellees J.H. Hooten and Janet Hooten, his wife, and insured by appellee General Guaranty. The real property was subject to a first mortgage in favor of appellant Lutheran Brotherhood, a second mortgage in favor of appellee Superior Fertilizer, and another mortgage, inferior to each of these, in favor of appellee First National Bank. None...

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