JOSEPH H. MERRITT, ET AL., APPELLANTS,
v.
EDWARD H. MACE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court affirmed the lower court's decision to overrule a demurrer, finding that the bill of equity presented sufficient grounds for legal action regarding a property conveyance dispute.
Yes, the bill of complaint contained sufficient equity to justify overruling the demurrer.
“There is obviously equity in the bill, and as the demurrer goes to the whole bill it was properly overruled/”
This quote explains the court's reasoning for affirming the lower court's decision.
Mace alleged he owned property, agreed to convey it to Merritt in exchange for notes and a second mortgage, but Merritt refused to provide the mortgag…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Vendor'S Lien cases and more on FLexlaw
Per Curiam.
Mace brought a bill in equity in which it is in effect alleged that he was the owner of described real estate; that F. M. Call held a mortgage, on the property for $4000.00; that Mace agreed with Joseph H. Mer ritt to convey to him' the property in consideration of notes „ and a second mortgage on the prop'erty for $4000.00; that Mace conveyed the property to Merritt as agreed, but Merritt refuses to make the mortgage for $4000.00 as agreed; that Mace is an old single man and an invalid and lives on the property with Merritt and his wife and is being unduly influenced and imposed on by them; that they have executed a mortgage on the property to one Arthur C. Moore. The prayer is for a cancellation of the conveyance or that a specific performance of the contract be enforced, or for a vendor’s lien. A demurrer to' the bill Of complaint was overruled and the defendants Merritt and wife appealed.
There is obviously equity in the bill, and as the demurrer goes to the whole bill it was properly overruled/
The order appealed from' is affirmed. .
Browne, C. J., and Taylor, Shackleford, ¥£hit-field and Ellis, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Stokes v. Victory Land Co., 99 Fla. 795 (Fla. 1930)…quity should not be sustained if it contains any ground for equitable relief, it is necessary to ascertain whether such ground exists. See Johnson v. McKinnon, 45 Fla. 388, 34 So. R. 272; Miami v. Shutts, 59 Fla. 462, 51 So. R. 929; Merritt v. Mace, 73 Fla. 883, 75 So. R. 57; Amos v. Postal Tel. Co., 76 Fla. 465, 80 So. R. 293; Boyd v. Gosser, 68 Fla. 395, 67 So. R. 89. The only ground presented by the bill as the basis for the relief sought and which may be urged with any claim of right in the alleged mi…