JAMES EDWIN MCCAMY, APPELLANT,
v.
LUCIUS L. PAYNE, APPELLEE
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The Florida Supreme Court reversed a lower court's decision that sustained a demurrer to a bill of complaint seeking to cancel a guardian's deed. The court found the bill contained grounds for equitable relief and should not have been dismissed.
Yes, the bill of complaint contained allegations constituting grounds for equitable relief, and therefore the demurrer should have been overruled.
“In this ease bill of complaint was filed seeking to procure a decree to cancel a deed made by a guardian conveying the interest of a minor in real estate.”
Describes the initial action filed in the lower court.
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Join FLexlaw to unlock all legal intelligenceA bill of complaint was filed to cancel a deed executed by a guardian, which conveyed a minor's interest in real estate. The opposing party filed a ge…
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Bupord, J.
In this ease bill of complaint was filed seeking to procure a decree to cancel a deed made by a guardian conveying the interest of a minor in real estate.
There was a general demurrer to the bill for want of equity.
The demurrer was sustained and the bill dismissed. Prom this order appeal was taken.
The bill contains allegations constituting grounds for equitable relief and the demurrer should have been overruled on .authority of the opinion in the case of Wilkins et al. v. Dean Turpentine Company, 84 Fla. 457, 94 Sou. 508. The decree sustaining the demurrer and dismissing the bill is reversed with directions for further proceedings in accordance with equity rules and practice.
Reversed.
Whitfield, P. J., and Terrell, J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion.
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Adams v. Fielding, 148 Fla. 552 (Fla. 1941)…een established and in use for several years prior to the passage of the exemption statutes. “Prior Acts may be resorted to, to solve but not to create ambiguity in statute.” McCamy v. Payne, 94 Fla. 210, 116 Sou. 267, vacating decree on rehearing, 94 Fla. 209, 113 Sou. 712. No return having been made of the property for the years involved, the case thus comes squarely within the provisions of Section 928, supra, and its interpretation in Palbicke v. Hanover Nat. Corp., supra, so that the misstatement of…
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Lottie E. Mahin v. Mahin, 125 Fla. 223 (Fla. 1936)…there is no error in the said order; it is, therefore, considered, ordered and decreed by the Court that the said order of the Circuit Court be and the same is hereby affirmed on the authority of Braswell versus Downs, 11 Fla. 62; McCorry v. Payne, 94 Fla. 209, 113 Sou. Rep. 212. Whitfield, C. J., and Ellis, Terrell, Brown, Buford, and Davis, J. J., concur.…
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Lottie E. Mahin v. Mahin, 127 Fla. 247 (Fla. 1936)…tempted to be presented by the amended bill of complaint is one of equitable cognizance and that the allegations of the bill of complaint involved are sufficient to withstand a motion to dismiss. Such is the import of the opinion in McCamy v. Bayne, 94 Fla. 209, 210, 113 Sou. [*248] Rep. 712 (receded from on rehearing on other points in 116 Sou. Rep. 267). This disposes also of the motion of appellant to transfer the cause' to the law side of the court, which motion the Circuit Court properly denied. If th…
Authorities Cited
- Allie Jeanette Wilkins v. Wilkins, 84 Fla. 457 (Fla. 1922)