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DAVIS v. FAT MAN'S BAR-B-QUE OF TALLAHASSEE, INC.

No. S-330.

289 So.2d 29 (1973)

A.J. DAVIS and Gwendolyn F. Davis, Appellants, v. FAT MAN'S BAR-B-QUE OF TALLAHASSEE, INC., a Florida corporation, and Tallahassee Federal Savings and Loan Association, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied February 18, 1974.

Attorney(s) appearing for the Case

J. Ben Watkins, of Watkins & Hill, Tallahassee, for appellants.

Ford L. Thompson and M. Stephen Turner of Thompson, Wadsworth & Messer; and E. Martin McGehee of Ausley, Ausley, McMullen, McGehee & Carothers, Tallahassee, for appellees.

CREWS, JOHN J., Associate Judge.

The cause below was commenced by appellees, seeking the cancellation of a note and mortgage on grounds of satisfaction. The appellants filed a counterclaim seeking foreclosure and a third-party complaint joining Tallahassee Federal Savings and Loan Association, alleging that a mortgage executed by the appellees to that institution was inferior to the lien of the appellants. The court denied appellants' prayer that

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