JAMES M. MULDON, APPELLANT,
v.
F. E. BRAWNER, APPELLEE
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Muldon appeals a decree ordering specific performance of a land sale contract with Brawner. The Florida Supreme Court reverses because the property was owned by Brawner's wife, and Brawner lacked authority to convey her real estate without her being a party to the suit.
A husband has no power under Florida constitution and laws to convey his wife's real estate without her being a party to the suit. Therefore, the decree ordering specific performance was reversed because it attempted to compel a conveyance of property owned by the wife through her husband.
“the lot of land for the specific performance of the sale of which this bill was filed does not belong to the complainant F. E. Brawner, but that the legal title is in C. A. Brawner, his wife”
Establishes the critical fact that the property was owned by the wife, not the husband seeking to compel the sale.
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Join FLexlaw to unlock all legal intelligenceBrawner filed a bill in equity against Muldon and others to compel specific performance of a contract for the purchase of a lot of land in Pensacola. …
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Hocker, J.
The appéllee Brawner filed a bill against the appellant Muldon and others in the Circuit Court of Escambia County to compel the specific performance of a contract by Muldon for the purchase of a certain lot of land in Pensacola. A demurrer to the bill was filed by Muldon and' overruled. He and the other defendants then filed an answer to the bill, and a replication was filed to these answers. A master was appointed who took the testimony, and upon a final hearing a decree was entered decreeing that F. E. Brawner was entitled to a specific performance of the contract by Muldon; that there was due on the contract $8,352.38; that Brawner deliver to Muldon a good and sufficient warranty deed executed by Brawner and his wife, and deliver to Muldon possession of the lot which is described; that Muldon pay Brawner the sum of $8,352.38 that the suit be dismissed as to the other defendants without prejudice, and that F. E. Brawner have an execution against Muldon for the said sum of $8,352.38 with interest, etc. An appeal was taken by Muldon from this decree.
It appears from the testimony in the case that the lot of land for the specific performance of the sale of which this bill was filed does not belong to the complainant F. E. Brawner, but that the legal title is in C. A. Brawner, his wife. Mrs. C. A. Brawner is not a party to this suit, the effect of which is to compel a conveyance by her of her real estate to a third party for a money consideration which is required to-be paid to her husband. Under our constitution and laws the husband has no such power over his wife’s real estate. Rawls v. Tallahassee Hotel Co., 43 Fla. 288, 31 South. Rep. 237.
The decree appealed from' is reversed, at the cost of the apellee.
All concur except Parkhill, J., absent on account of illness.