Legal Opinion

Smith v. Whitfield

Supreme Court of Florida

Decided June 15, 1896PublishedCited by 4 opinions

Appeal from the Circuit Court for Marion county. STATEMENT. In October, 1895, Smith filed a bill in the Circuit Court for Marion county against Whitfield and Sanders, and therein alleged that in October, 1876, he made homestead entry upon the S. E. £ of N. E. \ and N. E. J of S. E. •£, Sec. 12, Township 15, S., Range 19 East, in said county; that afterwards, in December, 1883, he' relinquished his entry to Moses Simmons and James A. Curry, but the latter never perfected…

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Appeal from the Circuit Court for Marion county. STATEMENT. In October, 1895, Smith filed a bill in the Circuit Court for Marion county against Whitfield and Sanders, and therein alleged that in October, 1876, he made homestead entry upon the S. E. £ of N. E. \ and N. E. J of S. E. •£, Sec. 12, Township 15, S., Range 19 East, in said county; that afterwards, in December, 1883, he' relinquished his entry to Moses Simmons and James A. Curry, but the latter never perfected their homestead entries, and the same were cancelled by proper authorities of the United States in December, 1886, at which…

1Opinion of the Court

Mabry, C. J.:

From the transcript of the record filed here in the appeal of Smith against Whitfield and Sanders it appears that an injunction was granted on the original bill filed by Smith, the complainant below and that the court refused to dissolve this injunction on motion made for that purpose. The order of the court allowing this injunction is not found in the record, but the order denying its dissolution is presented. The injunction granted on the amended and supplemental bill was dissolved on the 3d of January, 1896, in the *220same order in which the dissolution of the injunction on the…

2Cases cited4 opinions

  1. State v. JohnsonSupreme Court of Florida · 1869
  2. Archer v. HartSupreme Court of Florida · 1853
  3. McMichael v. Eckman & VestburgSupreme Court of Florida · 1890
  4. First National Bank v. WittichSupreme Court of Florida · 1894

3Cited by4 opinions

  1. South Dade Farms v. PetersSupreme Court of Florida · 1956
  2. Willey v. W. J. Hoggson Corp.Supreme Court of Florida · 1925
  3. Alger v. PetersSupreme Court of Florida · 1956
  4. Powell v. Florida Land & Improvement Co.Supreme Court of Florida · 1899

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