Legal Opinion

Caruthers v. Williams

Supreme Court of Florida

Decided June 15, 1885PublishedCited by 10 opinions

Appeal from the Circuit Court for Hernando county. This bill was filed by Iverson H. Caruthers against the ■defendant, Robert W. Williams, and alleges that about the first of February, A. D. 1883, that he discovered that a certain piece of land in said county,.to wit: the east half of the southwest quarter of section twenty-four, township twenty-one, range twenty, south and east, containing eighty acres belonging to the “ Florida Land and Improvement Company,” could be…

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Appeal from the Circuit Court for Hernando county. This bill was filed by Iverson H. Caruthers against the ■defendant, Robert W. Williams, and alleges that about the first of February, A. D. 1883, that he discovered that a certain piece of land in said county,.to wit: the east half of the southwest quarter of section twenty-four, township twenty-one, range twenty, south and east, containing eighty acres belonging to the “ Florida Land and Improvement Company,” could be purchased for one dollar and a quarter per acre. That there had formerly been some .impirovements on a part of the tract made…

1Opinion of the Court

The Chibe Justice

delivered the opinion of the court:

In the case of Matthews vs. Porter, 16 Fla., 466, it was decided by this court that in cases of this nature where the *490deed shows the consideration to have been paid by one person, that the evidence going to show that the money paid was really the property of another must be clear and convincing in order to establish a resulting trust. If Williams advanced to Caruthers the money required for purchasing the 'land, under an agreement with him to hold the title as a security merely for the money advanced, and to convey the laud to Caruthers upon…

2Cases cited3 opinions

  1. Matthews v. LindsaySupreme Court of Florida · 1884
  2. Matthews v. PorterSupreme Court of Florida · 1878
  3. Ward v. SpiveySupreme Court of Florida · 1882

3Cited by10 opinions

  1. Kreiss Potassium Phosphate Co. v. KnightSupreme Court of Florida · 1929
  2. Pittock v. PittockIdaho Supreme Court · 1908
  3. Harnish v. PeeleDistrict Court of Appeal of Florida · 1980
  4. Haughey v. HeaneySupreme Court of Florida · 1925
  5. State Farm Fire & Casualty Company v. LichtmanDistrict Court of Appeal of Florida · 1969

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