FRANK W. KELLS AND GROWERS' LOAN & GUARANTY CO.
v.
W. M. DAVIDSON
FRANK W. KELLS AND GROWERS' LOAN & GUARANTY CO.
W. M. DAVIDSON
114 Fla. 299
Florida Supreme Court (1934)
Positive Treatment
Also reported at: 153 So. 606
Cited by 2 cases
Opinion of the Court
— This appeal is from a portion of an order or decree excluding averments of usury as a defense in a foreclosure proceeding. It appears to this Court that in order to properly adjudicate all of the alleged equities, testimony should be taken as to the asserted usury as well as to other matters of defense; therefore, the decree or order appealed from is reversed for appropriate proceedings.
It is so ordered.
Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kelly v. Knott, 120 Fla. 580 (Fla. 1935)…ounty v. Knott, State Treasurer, decided the same year and reported in 106 Fla. 869, 143 Sou. Rep. 735. Nor was such construction of the statute ignored or overruled in the later case of State, ex rel. Vetter, v. Knott, State Treasurer, 114 Fla. 95, 153 Sou. Rep. 606, wherein this Court was asked but refused to declare that the statute created a special trust for the benefit of judgment creditors which should be given effect by allowing judgment creditors to subject it to levies under execution at the instance o…
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United States v. Knott, 298 U.S. 544 (U.S. 1936)…The Supreme Court of Florida holds, in the case at bar, that the amendment, which was not enacted, until after the institution of the liquidation proceeding in New Jersey, did not change substantive rights. And in State v. Knott, 114 Florida 95, 99; 153 So. 606, also decided after enactment of the amendment, the court describes thus the effect of a deposit: . “The correct interpretation of the statute is that the securities in the hands of the State Treasurer so held in trust by him for the account of the…