111 Fla. 564 | Fla. | 1933
Lead Opinion
This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree; it is, therefore, considered, ordered and adjudged by the Court that the said decree of the Circuit Court be, and the same is hereby affirmed. *565
WHITFIELD, TERRELL, BROWN and BUFORD, J. J., concur.
DAVIS, C. J., concurs specially.
Concurrence Opinion
The issue in this case was whether or not there had been an absolute conveyance of land with a bona fide agreement to repurchase it at an increased price within a fixed time, in which case the transaction would not have been subject to the usury law (McElmurray v. Blodgett,
If there be any real doubt as to the purpose of a conveyance, absolute in form, that is, whether or not it was intended as security for a loan, or an absolute conveyance, this Court has held that the doubt should be resolved in favor of the contention that a mortgage security only was intended. Elliott v. Connor,
ELLIS, J., concurs.