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131 Fla. 871

180 So 22

Nelson v. Pitcher

Supreme Court of Florida

Decided April 1, 1938

Supreme Court of Florida · decided 1938-04-01

Good law ✅— No negative treatment on recordhow we know

Decided 1938-04-01

How this case has been cited

Cited by 5 later decisions — most recently March 1957

5 state decisions

30193819401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 The appeal brings for review decree of foreclosure of mortgage.

¶2 The mortgagor was a feme sole at the time of the execu *872 tion of the notes and mortgage securing the same. She afterwards married C. A. Nelson.

¶3 The defense was in effect that the mortgagor was of such unsound mind at the time of the execution of the notes and mortgage as to render her incompetent to contract and be contracted with.

¶4 The issue of mental incapacity was presented by the pleadings and voluminous testimony was taken.

¶5 The Chancellor found that the mortgagor was mentally competent to contract at the time of the execution and delivery of the notes and mortgage and that the notes were given for a valuable consideration.

¶6 We find that the record discloses substantial evidence to support the findings and the decree and we must decline to disturb the same. See Pierce v. Brand Properties, Inc., and authorities there cited. Opinion filed January 5, 1938, and reported 178 Sou. 168.

¶7 The decree is affirmed.

¶8 So ordered.

Ellis, C. J., and Terrell and Buford, J. J., concur. Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.
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