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MILLS v. COMMERCIAL BANK & TRUST COMPANY OF OCALA

No. N-96.

255 So.2d 532 (1971)

C.E. MILLS, D/B/a Mills Auction Market, Appellant, v. The COMMERCIAL BANK & TRUST COMPANY OF OCALA, a Florida Banking Corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 30, 1971.

Attorney(s) appearing for the Case

Pattillo, MacKay & McKeever, Ocala, for appellant.

Ayres, Swigert, Cluster & Tucker, Ocala, for appellee.

PER CURIAM.

Final judgment holding that appellant auctioneer is liable to appellee which held a valid and recorded mortgage on some cattle sold by appellant at auction as agent for appellee's mortgage debtor is in conformity with the majority view on the subject expressed in the following authorities:

15 Am.Jur.2d, Chattel Mortgages, Section 158:

"Although there is some authority to the contrary, the general rule followed by the courts is that an...

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