JAMES W. CRAIG AND ASHBERRY ALBRITTON
v.
D. B. WILDER, AS ADMINISTRATOR OF THE ESTATE OF W. E. WILDER, DECEASED
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The Florida Supreme Court affirmed a lower court's decision to deny a motion to dismiss a bill of complaint. The complaint sought to have deeds declared mortgages, for an accounting, and to establish redemption terms.
The bill of complaint was not without equity, and therefore, the order denying the motion to dismiss should be affirmed.
“Bill of complaint was filed in the Circuit Court of DeSoto County, Florida, to procure a decree declaring certain deeds appearing on their face to convey fee simple title to have the force and effect of mortgages only, and for an accounting, and to decree the terms of redemption from the liens created by such deeds when considered as mortgages.”
Describes the core claims of the bill of complaint that was challenged.
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Join FLexlaw to unlock all legal intelligenceA bill of complaint was filed in the Circuit Court of DeSoto County to declare deeds as mortgages, not fee simple titles. The plaintiffs also sought a…
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Bill of complaint was filed in the Circuit Court of DeSoto County, Florida, to procure a decree declaring certain deeds appearing on their face to convey fee simple title to have the force and effect of mortgages only, and for an accounting, and to decree the terms of redemption from the liens created by such deeds when considered as mortgages.
Motion was made to dismiss the bill of complaint upon four grounds, as follows:
“1. Said bill, is without equity.
“2. Said bill is vague, indefinite and so uncertain in its allegations that it is impossible for the said defendants to plead thereto.
“3. Because the said bill indicates, by reference thereto, that the deceased W. E. Wilder, whose estate is represented by the complainant, was guilty of such laches as affords a complete bar to the prosecution of said action.
“4. That the bill of complaint does not set forth facts which would entitle the complainant to the relief sought or in fact to any relief.”
Motion was denied and from the order denying the motion appeal was taken.
The bill of complaint is not without equity and, therefore, the order should be affirmed.
It is so ordered.
Affirmed.
Ellis, C. J., and Terrell and Buford, J. J., concur.
. Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.
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Secretary OF Veteran Affairs v. Tejedo, 774 So. 2d 709 (Fla. 3d DCA 1999)…re bona fide purchasers. Moreover, these persons are not parties in this dispute before us. However, this inquiry is inconsequential in view of the relief we grant herein. An action to force a redemption is an action in equity. See Craig v. Wilder, 129 Fla. 327, 176 So. 148 (1937); Browne v. Browne, 17 Fla. 607 (1880). Parties must come to courts of equity with clean hands as equity does not condone concealment of affirmative misconduct. See generally Department of Revenue v. David, 684 So. 2d 308 (Fla. 1s…