Perez v. Bank of Key West

Citations

• 36 Fla. 467

Syllabus

<p>1. In this case, which is a bill for foreclosure of mortgage, the evidence summarized upon which it is held that there can be no doubt that the specific draft claimed to have been secured by the mortgage was paid before suit was brought, and that the proof fails to show that complainant was the holder and owner of such draft either at maturity or at the time of bringing suit.</p> <p>2. The possession of a negotiable paper by parties liable upon it is strong presumptive evidence of its payment.</p> <p>3. Where the decree of a chancellor is unsupported by and contrary to the evidence it should be reversed.</p>