DURR DRUG CO.
v.
C. D. DAVIS
DURR DRUG CO.
C. D. DAVIS
114 Fla. 551
Florida Supreme Court (1934)
Caution
Also reported at: 154 So. 147
Cited by 3 cases
Opinion of the Court
— Bill of complaint was filed by judgment creditor seeking to have a mortgage on a stock of merchandise declared void as a lien on such stock of merchandise after foreclosure of the mortgage and sale of the stock of merchandise under foreclosure decree.
Bill of complaint dismissed. No error.
Affirmed.
Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Coral Gables First Nat'l Bank v. Colee, 155 Fla. 498 (Fla. 1945)…and for. other reasons approves the rule that a married woman’s funeral expenses may be charged against her estate. See 31 A.L.R. 1499, 1503, and 108 A.L.R. 1226 1229, where the cases on both sides are collected. In Fletcher v. Rickey, 114 Fla. 563, 154 So. 147, this Court approved the majority rule on the theory that the common law was still in effect in this State on that point. As affecting the point in the case at bar, the situation has changed materially. The Probate Act was not applicable to Fletche…
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Merrill v. Avery, 1 Fla. Supp. 1 (Dade Cty. Cir. Ct. 1950)…d in favor of the appellee. As to the primary question, the court finds that under the law of Florida, a husband is primarily liable for the funeral expenses and expenses of last illness of his deceased wife. The cases of Fletcher v. Rickey (Fla.), 154 So. 147, and Colee v. First National Bank of Coral Gables (Fla.), 20 So. 2d 675, do not answer the question in point. The latter case is authority for the provision that the funeral expenses of a married woman may be charged against her estate. This is not…
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Jules Garett v. Henry B. Rawlings C.T.A., 167 So. 2d 794 (Fla. 3d DCA 1964)…irect that all my just debts and funeral expenses be paid without unnecessary delay by my Executor, hereinafter named and appointed.” . The common law rule referred to has been recognized and applied in Florida. See Fletcher v. Ricky, 114 Fla. 503, 154 So. 147; Coral Gables First Nat. Bank v. Colee, 155 Fla. 498, 20 So. 2d 675. . This presupposes the wife’s estate has the means to pay such expenses.…