Loomis v. Dubois

Citations

• 82 Fla. 293
• 89 So. 804

Syllabus

<p>1. Even if there is technical error in an order striking a paragraph from an answer to a hill to foreclose a mortgage, it will not be held to he of such harmful character as to require a reversal of a decree of foreclosure if the defense set up in the stricken paragraph is contained in an amendment to the answer subsequently filed and the defendant had all the benefits of such defense that he would have had if the order complained of had not been made.</p> <p>2. 'Where in a mortgage foreclosure the defendant interposes a plea of payment the burden of proof of such defense is upon defendant.</p> <p>3. Where it is obvious that only part of the evidence is contained in the transcript of the record the question of whether the decree entered in the court below is supported by the proof is not open for consideration by this court.</p> <p>4. Where it is apparent that there is error in the description of the property in a final decree of foreclosure and it further appears that complainant is entitled to a foreclosure, the decree may he reversed with directions to enter a final decree foreclosing the mortgage upon the property described therein.</p>