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Meres v. Clayton
97 Fla. 329
Fla.
1929
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In a mortgage foreclosure the defense was payment and the bill of complaint was dismissed. Complainant appealed. Payment being an affirmative defense it should be shown by a clear preponderance of the evidence. 42 C. J. 117, Section 1677.

As to payment of the entire debt the evidence is indefinite, and the decree is reversed and the cause remanded for appropriate proceedings.

It is so ordered.

TERRELL, C. J., AND WHITFIELD, ELLIS, BROWN AND BUFORD, J. J., concur.

Case Details

Case Name: Meres v. Clayton
Court Name: Supreme Court of Florida
Date Published: Mar 9, 1929
Citation: 97 Fla. 329
Court Abbreviation: Fla.
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