JULIUS H. ERSTLING, JOE ROSENKRANTZ, FAIGA M. ROSENKRANTZ AND MORRIS BLUM, APPELLANTS,
v.
TRINITY WESLEYAN METHODIST CHURCH, A CORPORATION NOT FOR PROFIT UNDER THE LAWS OF THE STATE OF FLORIDA, ITS TRUSTEES, OFFICERS AND MEMBERS, AS INDIVIDUALS, AND ALL OTHERS SIMILARLY SITUATED, APPELLEES
Chancellor in this cause determined that a deed was' in actuality a mort*75gage under Section 697.01, Fla.Stat., F.S.A. This finding was made on the basis of controverted testimony and there being sufficient evidence in the record upon which to sustain the finding it will not be disturbed upon appeal. The Chancellor declined to include in the sum of the mortgage an amount claimed as attorney’s fees for services expended by the defendants upon the finding that these fees were incurred in connection with another controversy. The appellants having failed to demonstrate error in this finding, it must be affirmed. See Goldstein v. Stone, Fla.App.1957, 96 So.2d 227, and cases cited therein.
Affirmed.
CARROLL, CHAS., C. J., and FIOR-TON and PEARSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miami Station, Inc. v. Coplan Pipe & Supply Co., Inc., 128 So. 2d 170 (Fla. 3d DCA 1961)…e appellate courts of this state in a number of cases. Marcus v. Hull, 142 Fla. 306, 195 So. 170; Torreyson v. Dutton, 145 Fla. 169, 198 So. 796; Thomas v. Thomas, Fla.1957, 96 So. 2d 771; Erstling v. Trinity Wesleyan Methodist Church, Fla.App.1958, 100 So. 2d 74. The statute has generally been accorded a liberal construction to the extent that in doubtful cases, the instrument has been considered a mortgage or as security for a debt. Other jurisdictions have likewise followed this rule 'of construction. See…
Authorities Cited
- Al Goldstein v. Stone, 96 So. 2d 227 (Fla. 3d DCA 1957)
- Vandercar v. David, 96 So. 2d 227 (Fla. 3d DCA 1957)