36 Fla. 467 | Fla. | 1895
The appellee brought its bill in chancery against appellants in the Circuit Court to foreclose a mortgage given by them to appellee. The brief of counsel present many questions of law for the consideration of the court. In our opinion, however, the appellants, who were defendants below, fully sustained their answer alleging payment of the mortgage, and denying ownership by camplaiuant of the draft alleged to be secured by the mortgage.
The decree should have been for the defendants upon the facts. Other questions, therefore, presented by the record need not be considered.
Having failed to prove their case, as stated in their bill of complaint, the complainant attempts to prove other matters not alleged in its bill, to avoid the force and effect of the evidence offered by the defendant to sustain its answer. Without disputing the facts upon which defendants assert their claim of payment of the draft No. 188, the complainant contends that payment, as a matter of fact, did not result to it by reason of the payment of said draft. This contention is predicated upon a claim that while the specific draft was paid and cancelled, that complainant furnished the money with which to pay same. Some evidence was offered upon this subject. Without entering into any extended comment upon the same, it is only necessary to say
A decree of a chancellor, especially if it be based upon the findings and report of a master in chancery, ought not to be reversed upon questions of fact, unless the evidence clearly shows that it was erroneous. Fuller vs. Fuller, 23 Fla. 236, 2 South. Rep. 426; Waterman vs. Higgins, 28 Fla. 660, 10 South. Rep. 97. While we are reluctant, ux>on a question of fact, to reverse a decree of a chancellor, we are convinced in this case that the decree is an erroneous finding upon the evidence, that it is unsupported by the evidence, and contrary thereto.
The decree of the court below is reversed with direction that the bill of complaint be dismissed.