Neal v. Gregory
Supreme Court of Florida
Appeal from the Circuit Court for Gadsden county. The suit was begun in Liberty county. The following statement of the case was prepared by Mr. Justice Westcott: This suit was instituted in chancery by the appellant’s testator, who sought to enjoin sales of the land which is the subject of this controversy under executions issued upon judgments obtained on the 19th of April, 1869,-hy John T. Seegar for the use of C. H. DuPont and Ivey H. Gregory in the aggregate sum of three…
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Appeal from the Circuit Court for Gadsden county. The suit was begun in Liberty county. The following statement of the case was prepared by Mr. Justice Westcott: This suit was instituted in chancery by the appellant’s testator, who sought to enjoin sales of the land which is the subject of this controversy under executions issued upon judgments obtained on the 19th of April, 1869,-hy John T. Seegar for the use of C. H. DuPont and Ivey H. Gregory in the aggregate sum of three thousand one hundred and twenty-four twenty-nine one-hundredths dollars against Thomas D. Nixon, who has died since the…
1Opinion of the CourtJustice Westcott
As to the first ground upon which a reversal of the decree is sought, a failure of the court to order a reformation of the deed, it is very clear that there was no error. The accident or mistake alleged in the bill is directly denied by the answer supplemented by an averment that the deed was made to defraud creditors, and there is no proof at all of any mistake or accident. Proof of mistake in the manner of the execution of an instrument whenever admissible should be very clear.
Real, the plaintiff, before the deed from Atkins, Dunham & Co. to him, and before he had any knowledge of any…
2Cases cited11 opinions
- Purcell v. MinerSupreme Court of the United States · 1867
- Clark v. GrahamSupreme Court of the United States · 1821
- Lessee of Sicard v. DavisSupreme Court of the United States · 1832
- Otis v. SillNew York Supreme Court · 1849
- Hart v. BostwickSupreme Court of Florida · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hull v. BurrSupreme Court of Florida · 1909
- Wilson Cypress Co. v. Del Pozo Y MarcosSupreme Court of the United States · 1915
- Trustees of Internal Improvement Fund v. LobeanSupreme Court of Florida · 1961
- Throckmorton v. PenceSupreme Court of Missouri · 1894
- Money v. PowellDistrict Court of Appeal of Florida · 1962
19 more not listed; retrieve them via the Exa API.