TAMPA AND JACKSONVILLE RAILWAY COMPANY, A CORPORATION, APPELLANT,

v.

EDWARD L. ANDERSON, APPELLEE

Citator

Cited By (24 total)

• Hutchinson v. Stone, 79 Fla. 157 (Fla. 1920)
  …owner. If a “deed or mortgage” “alienating” the homestead is not “duly executed * * * by husband and wife, if such relation exists,’’ the deed or mortgage is ineffectual to convey or to encumber the homestead property. Thomas v. Craft, 55 Fla. 842, 46 South. Rep. 594; Shad v. Smith, supra. In the mortgage or conveyance of homestead' real- estate, none of the requirements of the constitution or the statute may be waived, by the husband and wife, or by either of them. It is the wife’s acknowledgement before a prop…

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• Shad v. Smith, 74 Fla. 324 (Fla. 1917)
  …herself, and by husband and wife, if such relation exists; nor if the holder be without [*329] children to prevent him or her from disposing of his or her homestead by will in a manner prescribed by law.” In Thomas v. Craft, 55 Fla. 842, text 847, 46 South. Rep. 594, 15 Ann. Cas. 1118, the principle is announced that “no instrument is effectual as an alienation of or a conveyance or transfer of title to or any interest in the homestead real estate, without the joint consent of husband and wife when that relatio…
• Gulf Ref. Co. v. Ankeny, 102 Fla. 151 (Fla. 1931)
  …nstruments of fraud.” Pasco v. Harley, et al., 73 Fla. 819, 75 So. 30. Homestead real estate cannot be alienated except by deed or mortgage duly executed by husband and wife, where such relation exists, Thomas, et al. v. Craft, et al., 55 Fla. 842, 46 So. 594; but such homestead real estate may in whole [*154] or in part be abandoned as a homestead, by express declaration and conduct consonant with such declaration, or by conduct that clearly manifests an intention to abandon or relinquish the homestead…