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HOUK v. WEINER

Supreme Court of Florida, Division B.
Jun 29, 1951

ROBERTS, Justice.

The plaintiff-appellant brings for our review an order of the court below denying plaintiff's motion for a deficiency decree entered in mortgage foreclosure proceedings below.

The mortgage here foreclosed was a purchase money mortgage, and the property was purchased at the Special Master's Sale by the mortgagee at a price far less than the amount due under the mortgage. The equitable considerations influencing the Chancellor in his denial of a deficiency decree were set forth in his Order, and appear to us to be sufficient as a basis for such denial.

No abuse of discretion having been shown, the order denying a deficiency decree should be and it is hereby

Affirmed.

SEBRING, C.J., and CHAPMAN and ADAMS, JJ., concur.