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BRYANT v. SMALL

No. 72-1165.

271 So.2d 808 (1973)

Willie BRYANT, Appellant, v. Evans SMALL, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 6, 1973.

Attorney(s) appearing for the Case

Alfred D. Bieley, Miami, for appellant.

August, Nimkoff & Gladstone and Albert G. Caruana, Miami, for appellee.

Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.

CARROLL, Judge.

The appellant filed an action to set aside a deed, alleging it was obtained by fraud and undue influence. By answer the defendant denied such allegations. Later the defendant moved for leave to file a counterclaim for ejectment, claiming superior title to the property on the basis of the questioned deed. That motion was granted. Plaintiff answered the counterclaim.

Thereafter plaintiff moved for leave...

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