Kellogg v. Singer Manufacturing Co.

Citations

• 35 Fla. 99

Syllabus

<p>1. In decreeing the foreclosure of a mortgage providing for the payment of a reasonable attorney fee in the event of foreclosure, it is error to allow a sum of money as such fee without proof that it is reasonable and a proper amount to allow.</p> <p>2. In order that the sworn answer of a respondent may have the effect of being evidence in his favor, and conclusive unless overcome by the testimony of two witnesses, or of one witness corroborated by other circumstances which add greater weight than the answer, it must be directly and positively responsive to the material allegations of the bill.</p> <p>3. A sworn answer, with proper averments, setting up a want or failure of consideration, in analogy to the rule at law, as to the effect of a sworn plea under the statute alleging such defense, will have the effect to impose the burden of proof as to such defense on the complainant; but in order to have such effect the answer should be direct, positive and free from uncertainty.</p>