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Canal Lumber Company v. Florida Naval Stores and Manufacturing Company

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eBook details

  • Title: Canal Lumber Company v. Florida Naval Stores and Manufacturing Company
  • Author : Supreme Court of Florida
  • Release Date : January 08, 1922
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 82 KB

Description

WEST, J. -- This appeal brings to this court for review one question only, namely: The propriety of the ruling of the chancellor striking, upon motion of complainant, one paragraph of the joint and several answer of defendants Canal Lumber Company and Stockton, Smith and Brown to the amended bill of complainant. Prior to this ruling the court, in passing upon a demurrer to the bill, construed it to be a bill for the foreclosure of a vendor's lien upon the property described and, so construing it, overruled the demurrer. The defendants named are the only ones contesting the suit. It is recited in the record that one other defendant answered, but his answer is not contained in the record. Decrees pro confesso for failure to appear of interpose any defense were entered against the other defendants. After the taking of testimony, reported by a special examiner, the court, upon consideration of the case, entered final decree of foreclosure of the lien in accordance with the prayer of the bill. From this decree an appeal was taken to this court.


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