Laflin v. Gato

Citations

• 50 Fla. 558

Syllabus

<p>1. Where a bill is filed to foreclose a mortgage and answers thereto are filed by the defendants, one of whom a minor, answers by her guardian ad litem, and the answers are not excepted to and are sufficient to put in. issue the allegations of the bill, proper practice requires that replications should be filed to said answers and that the cause should be then conducted in the orderly way, provided by law and the rules of practice; and’ where in such a state of pleadings, an Examiner is appointed, who takes the testimony of the complainant and files the same on the day it is takien, and there is no waiver by the defendants of the time given by Rule 71 of the Rules of the Circuit Court in Suits in Equity for taking, testimony, and a final decree is made, without notice of the hearing to the defendants, on the eighth day after the Examiner filed the testimony, such a final decree is erroneous.</p> <p>2. It is erroneous in making a. final decree in. a suit to foreclose a mortgage to include therein interest on the principal debt, to a time beyond the date of the decree.</p>