MULLAN
v.
BANK OF PASCO COUNTY

Fla. | 1931-03-11
101 Fla. 1097 Florida Supreme Court (1931) Positive Treatment
Also reported at: 133 So. 323
Cited by 65 cases

Opinion of the Court
Brown, Buford, Ellis, Terrell, Whitfield

Per Curiam. The record in this cause having been corn sidered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and decreed by the Court that the decree of the court below should be, and the same is hereby, reversed and the cause is remanded with directions to dismiss the bill as to Anita Williams and her husband D. R. Williams and Lueile Ellis and her husband T. B.- Ellis, Jr., and Joy Hennington, and to enter a decree that will conform to the views herein expressed. Buford, C.J., and Whitfield, Ellis, Terrell and Brown, J.J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (18 total)

  • J. W. Church v. Lee, 102 Fla. 478 (Fla. 1931)
    …ienated” only as provided by the Constitution. Hutchison v. Stone, 79 Fla. 157, 84 So. 151. As to the validity of the mortgage held by appellant J.. W. Church, it is observed that in the recent case of Mullan v. Bank of Pasco County, 101 Fla. 1097, 133 So. 323, a very similar question was presented and this Court said: “A deed by a widow which purports to convey property that belonged to her husband prior to Ms death (there being children and no election to take a cMld’s part in lieu of dower) merely ass…
  • Rosella Wagner v. Moseley, 104 So. 2d 86 (Fla. 2d DCA 1958)
    …from the life tenant. * * * ” See also Anderson v. Northrop, 1892, 30 Fla. 612, 12 So. 318; Scott v. Fairlie, 1921, 81 Fla. 438, 89 So. 128; Fairlie v. Scott, 1924, 88 Fla. 229, 102 So. 247, and Mullan v. Bank of Pasco County, 1931, 101 Fla. 1097, 133 So. 323. Further with reference to adverse possession, it is stated in the case of Mullan v. [*91] Bank of Pasco County, 1931, 101 Fla. 1097, 133 So. 323, on page 328: “Where the possession is originally taken and held under the true owner, a clear, posit…
    1 / 2
  • Pournelle v. Baxter, 151 Fla. 32 (Fla. 1942)
    …ne may not eat his cake and yet have it. He cannot hold to a devise with one hand and shove it away with the other. He must determine, and determine promptly, (Sorrells v. McNally, 89 Fla. 457, 105 Sou. 106; Story v. First National Bank & Trust Co., 101 Fla. 1097, 156 Sou. 101; 3 Woerne Am. Law of Administration 1495-1496; Bacon v. Barber, [Vt.] 6 Atl. [2nd] 9, 123 A.L.R. 253) what course he will pursue and, if he has become vested with title to real estate under a probated will, he must divest himself of th…

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