45 Fla. 468 | Fla. | 1903
Since the decree of this court was rendered reversing the decree of the lower court, a motion has been filed here by the appellee, complainant below, requesting this court to amend its order s© as to set forth the amounts expended by appellee for insurance and interest thereon as shown by the master’s report, alleging as a reason therefor that the original records and testimony were destroyed by fire on May 3rd, 1901; that it would be inconvenient, if not impossible, for appellee to make the proof before the master and that the record here shows the da ta upon which the amended order could be based. On the argument of this motion it .was admitted that the appli
There is also presented to us a petition of the appellants stating, among other things, that after the appeal Worn the decree of foreclosure rendered on October 21st, 1898, was sued out, which decree was reversed by this court, the appellee caused the said decree of foreclosure 1 o be executed, the lands described therein to be sold; that at the sale appellee became the purchaser and took a master’s deed to them; that the sale was confirmed; that appellee took possession of the said lands and has held them ever since, and has been receiving and appropriating the rents, issues, incomes and profits thereof, and that appellants are entitled to an accounting to and from apj ellee of the same, and to have them credited on the sum of $6,600.29, the amount held to be due appellee, in the order of this court. Petitioners pray that the decree of 1 his court reversing the final decree of foreclosure in so f ir as it ascertains the amount of the actual principal sum loaned by appellee to these appellants do stand as tereinbefore rendered; that the sale of the lands made rnder the reversed decree be vacated and annulled; that Uie deed of the same made by the master be surrendered and cancelled; that appellants be let into the possession of the lands embodied in said deed; that if necessary a writ of possession issue to place appellants in possession; that appellee be decreed to make restoration to appellants for what they have lost by the execution of said reversed