JOSEPH E. DEVLIN
v.
EDNA DEVLIN
After reading the transcript of the testimony in this case, we are convinced that the Chancellor applied the rule that “He who comes into equity must come with clean hands.”
The evidence shows that the appellant has been for a long time living in an open state of adultery with a woman by whom he had one child and that that child is now twenty-one years of age. This is all shown by the testimony of the plaintiff, appellant here.
Therefore, it must be assumed that the Chancellor in the exercise of his judicial discretion denied relief to one who was admittedly an adulterous spouse.
Upon this theory, the decree denying divorce is affirmed.
CHAPMAN, C. J., TERRELL and ADAMS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ryan v. Ryan, 277 So. 2d 266 (Fla. 1973)….Ct. 165, 97 L.Ed. 680; Hudson v. Hudson, 59 Fla. 529, 51 So. 857 (1910) ; Busch v. Busch, 68 So. 2d 350 (Fla.1953) ; Stewart v. Stewart, 158 Fla. 326, 29 So. 2d 247 (1947) ; Stehli v. Thompson, 151 Fla. 566, 10 So. 2d 123 (1942) ; Devlin v. Devlin, 157 Fla. 17, 24 So. 2d 704 (1946) ; Furman v. Furman, 130 So. 2d 316 (Fla.App.3d 1961) ; Choucherie v. Choucherie, 120 So. 2d 821 (Fla.App.3d 1960). . Todd v. Todd, 151 Fla. 134, 9 So. 2d 279 (1942) ; Pepper v. Pepper, 66 So. 2d 280 (Fla.1953). . Hancock v. H…1 / 2
-
Williams v. Foerster, 335 So. 2d 810 (Fla. 1976)…73 S.Ct. 165, 97 L.Ed. 680; Hudson v. Hudson, 59 Fla. 529, 51 So. 857 (1910); Busch v. Busch, 68 So. 2d 350 (Fla.1953); Stewart v. Stewart, 158 Fla. 326, 29 So. 2d 247 (1947); Stehli v. Thompson, 151 Fla. 566, 10 So. 2d 123 (1942); Devlin v. Devlin, 157 Fla. 17, 24 So. 2d 704 (1946); Furman v. Furman, 130 So. 2d 316 (Fla.App.1961); Choucherie v. Choucherie, 120 So. 2d 821 (Fla.App. 1960).” Appellee effectually admits that he executed the deed in a knowingly defective manner as a trick to deceive his wife.…
-
Furman v. Furman, 130 So. 2d 316 (Fla. 3d DCA 1961)…. The court was correct in dismissing the counterclaim as the defendant is estopped from claiming separate maintenance due to her conduct in obtaining her Mexican mail-order divorce. Chisholm v. Chisholm, 105 Fla. 402, 141 So. 302; Devlin v. Devlin, 157 Fla. 17, 24 So. 2d 704; Straughter v. Straughter, Fla.1956, 87 So. 2d 499; Holmes v. Holmes, Fla.1957, 95 So. 2d 593; Astor v. Astor, Fla.App.1958, 107 So. 2d 201, certiorari denied Fla.1959, 120 So. 2d 176. The final decree appealed is reversed in so far…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence