Bludworth v. Bray

Citations

• 59 Fla. 437

Syllabus

<p>1. As a general rule when a state or condition is proven to bave once existed there is a presumption of its continued existence. But this rule is dependent upon the degree of permanency of the subject matter under consideration, and there is no legal presumption of the existence in January, 1909, of field crops raised in 1907.</p> <p>2. When it is stated that the consideration for the execution of a mortgage was solely- to secure the payment of a note for $102.80, and the defeasance clause undertakes to require the payment of advances in addition to the said consideration, and when the answer to the bill of foreclosure sets up various facts tending to show that the mortgagor did not intend that the mortgage should be a security for any other debt than the note and that the note has been paid, and there is no exception to the answer, and the facts proven tend to support the answer, a decree finding the equities to he with the defendant in the court below will not be disturbed on appeal.</p>