JESSIE C. TIMBERLAKE, ADMINISTRATRIX OF THE ESTATE OF JAMES A. TIMBERLAKE, DECEASED, AND L. J. ROBBINS, APPELLANTS,
v.
MARGUERITE O. SEMPLE, JOINED BY HER HUSBAND, JOHN S. SEMPLE, APPELLEES
Per Curiam.
This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, and briefs and arguments of counsel for the respective parties, and the record having been seen and inspcted, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree; it is, therefore, considered, ordered and decreed by the Court that the said decree of the Circuit Court be, and the same is hereby, affirmed.
Whiteield, P. J., and West and Terrell, J. J., Concur.
On Petition for Rehearing.
Per Curiam.
A petition for rehearing filed herein should be denied. The service rendered by attorneys in defending the right of a married woman to real estate as, her separate property, is not “labor bestowed” on the land for which the land may be subjected in equity under the last clause of Section 2, Article XI of the State Constitution.
Rehearing denied.
Taylor, C. J., and Whitfield, Browne, West and Terrell, J. J., concur.
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Ester Nelson Patterson and her husband v. Touchton, 105 Fla. 275 (Fla. 1932)…Section 2 of Article XI of the Constitution and the decisions of this Court which allow a married woman’s property to be charged in equity and sold under a contract in writing for suck benefit. Nor do I think that the case of Timberlake v. Semple, 86 Fla. 314, 97 Sou. Rep. 718, is any authority to the contrary. That case, as the record will show, dealt only with the construction of our constitutional provision relating to “labor bestowed” on a married woman’s land, and held that services of an attorney a…1 / 2