M. C. COMBS, APPELLANT,
v.
ETHEL COMBS, APPELLEE
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The Florida Supreme Court reversed a decree that dismissed a bill of complaint seeking to annul a deed and a divorce decree. The court found that the case should be remanded to allow for proper framing of pleadings to present the equities involved.
The court held that the decree dismissing the bill of complaint should be reversed to allow the pleadings to be framed in a manner that properly presents the equities of the case.
“This appeal is from a decree dismissing a bill of complaint brought to have annulled a deed of conveyance executed by husband and wife to a third person who at once conveyed to the wife, real estate which may have been the family homestead, the ground of relief alleged being duress of the husband who had been confined in the county jail.”
Describes the nature of the case and the relief sought.
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Join FLexlaw to unlock all legal intelligenceThe appellant filed a bill of complaint to annul a deed of conveyance executed by husband and wife to a third party who immediately conveyed it to the…
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Per Curiam.
This appeal is from a decree dismissing a bill of complaint brought to have annulled a deed of conveyance executed by husband and wife to a third person who at once conveyed to the wife, real estate which may have been the family homestead, the ground of relief alleged being duress of the husband who had been confined in the county jail. The bill of complaint also sought an annulment of a divorce decree obtained-by the wife.
Upon consideration of the entire record the conclusion, is reached that in view of the testimony and the law applicable thereto, the rights of all interested parties would be best subserved by reversing the decree so that the pleadings may be so framed as to properly present the equities if any in the premises.
It is so ordered.
Whitfield, Ellis, Browne, West and Terrell, J. J., concur.