Bosworth v. Sandlin

Citations

• 46 Fla. 532

Syllabus

<p>1. It is error to strike an answer to a bill for foreclosure of mortgage, and to enter decree pro confesso against defendant as having no meritorious defense to the bill, where the answer alleges that the defendant was in no way indebted to the complainant, that she was an infirm old woman and was compelled by blows and threats against her life to execute the mortgage upon which the suit is founded.</p> <p>2. A cross-bill which is stricken because no process issued thereon against the original complainant until after the entry of a decree pro confesso upon the original bill may upon the setting aside of the decree pro confesso be reinstated and amended.</p>