J. F. FISHER, ANNIE C. FISHER, A. K. TAYLOR AND MARY F. TAYLOR, APPELLANTS,
v.
HORACE C. PARKER, SOLE HEIR AT LAW OF HATTIE R. PARKER, DECEASED, AND HORACE C. PARKER, ADMINISTRATOR OF THE ESTATE OF HATTIE R. PARKER, DECEASED, APPELLEES
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The Florida Supreme Court affirmed a lower court's decision to dismiss a bill of complaint. The suit attempted to charge a deceased married woman's estate for a contract to purchase land, but the court found it was not a proper action under the state constitution for charging a married woman's separate property.
No, such a suit for specific performance of a land purchase contract is not contemplated by the constitutional provision that allows for charging a married woman's separate real estate for agreements made for its benefit.
“This suit, though purporting to be brought under Section 2, Article XI of the State Constitution to charge the separate real estate of a deceased married woman, for money due upon an agreement made by her in writing for the benefit of her separate property, the suit is in effect brought against the executor of a deceased married woman to enforce the specific performance of a contract for the purchase of land, which contract was signed by the married woman, Gautier v. Bradway, 87 Fla. 193, 99 South. Rep. 879, she not having been made a free dealer pursuant to statute.”
Describes the nature of the suit and its purported constitutional basis.
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Join FLexlaw to unlock all legal intelligenceAppellants filed a suit against the estate of a deceased married woman, Hattie R. Parker, seeking specific performance of a contract for the purchase …
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Per Curiam.
The appeal herein is from an order sustaining a demurrer and an order dismissing a bill of complaint upon failure to amend as allowed.
This suit, though purporting to be brought under Section 2, Article XI of the State Constitution to charge the separate real estate of a deceased married woman, .for money due upon an agreement made by her in writing for the benefit of her separate property, the suit is in effect brought against the executor of a deceased married woman to enforce the specific performance of a contract for the purchase of land, which contract was signed by the married woman, Gautier v. Bradway, 87 Fla. 193, 99 South. Rep. 879, she not having been made a free dealer pursuant to statute. Section 3218 et seq., Revised General Statutes, 1920; Lerch v. Barnes, 61 Fla. 672, 54 South. Rep. 763.
Such a suit is not contemplated by Section 2, Article XI of the Constitution.
Affirmed.
Whitfield, P. J., and Terrell and Buford, J. J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Holder v. W. Fla. Dev. & Inv. Co., 103 Fla. 487 (Fla. 1931)…aring to exist between the parties, specific performance should not be decreed. There was no complete performance by Mrs. Gautier of her part of the executory contract.” See also Hadley vs. Warmolts, 92 Fla. 929, 118 Sou. 252, and Fisher vs. Parker, 93 Fla. 258, 112 Sou. 62. In other words, a married woman being under disability of coverture and being a party to an executory contract containing mutual agreements cannot enforce the contract against the other party unless she shall have performed and execut…
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Ulrich v. Reineking, 144 Fla. 284 (Fla. 1940)…p. 251. Counsel for appellees assert that a married woman under disabilities of coverture cannot be compelled to perform an executory contract for the purchase of land in a suit for specific performance. The authorities cited are: Fisher v. Parker, 93 Fla. 258, 112 So. 62; Holder v. West Florida Dev. & Ins. Co., 103 Fla. 487, 137 So. 691; Griffing v. Griffing, 120 Fla. 913, 163 So. 141. We fully agree with this contention and the law as enunciated in these cases. The law is settled that a parol agreement…
Authorities Cited
- Gautier v. Bradway, 87 Fla. 193 (Fla. 1924)
- Lerch v. Claudius H. Barnes, 61 Fla. 672 (Fla. 1911)