HEZEKIAH BROWN, ADMINISTRATOR OF THOMAS F MCCALL, RESPONDENT,
v.
WM. R. BELL AND JAMES W. JOHNSON, SHERIFF, APPELLANTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court reversed a lower court's decision that had set aside a prior judgment based on a warranty of title for slaves, holding that such judgments remain valid despite constitutional provisions.
No, the judgments founded on a warranty of title and soundness of slaves are not void and remain valid, notwithstanding the constitutional provisions.
“The decree in this case sets aside a former judgment and decree of the Circuit Court upon.the ground that the cause of action npon which they were founded was a warranty of title and soundness of certain slaves sold, and that such judgment was void under the provisions of Section 26, Art. XYI of the Constitution of 1868.”
Describes the lower court's action and the basis for it.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA prior judgment and decree were rendered in the Circuit Court in 1864, and a final decree in 1867. The cause of action was a warranty of title and so…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Warranty Of Title cases and more on FLexlaw
delivered the opinion of the court.'
The decree in this case sets aside a former judgment and decree of the Circuit Court upon.the ground that the cause of action npon which they were founded was a warranty of title and soundness of certain slaves sold, and that such judgment was void under the provisions of Section 26, Art. XYI of the Constitution of 1868.
The questions involved in this case are fully discussed and adjudicated in the case of McNealy vs. Gregory, 13 Fla., 417. The conclusion there reached, was, that notwithstanding the constitutional provisions, such judgments are of force and are in all respects valid.
All of the proceedings of the Circuit Court from which this appeal is prosecuted affecting the judgment rendered in 1864, and the final decree in 1867, as well as such as affect the process issued thereon, are set aside, and the case is remanded for such proceedings as are conformable to law.
Note — This case involving the same principles as t-lie case of McNealy vs. Gregory, 13 Florida, 417, it is not necessary that a syllabus should appear here. For the points involved and decided, see that case.
Westcott, J.