Supreme Court of Florida April 17, 1935 (The Penn Mutual Life Insurance Co. v. Moscovitz)

Terrell, J.

Plaintiff in error instituted this common law action against defendant in error in the Circuit Court of Duval County, to recover the balance due on a promissory note after foreclosure. The note sued on was secured by the mortgage foreclosed and 'the proceeds of the foreclosure sale was credited on the note in reduction of the indebtedness evidenced thereby.