Florida Land & Imp. Co. v. Merrill
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United-States for the Northern District of Florida. In Equity. Bill by the Florida Land & Improvement Company against T. B. Merrill, as receiver of the First National Bank of Palatka, W. J. Winegar, and the Florida Land & Lumber Company, for the rescission of a fraudulent sale of bank stock. Bill dismissed on demurrer. Complainant appeals. Reversed.
1Opinion of the Court
Pardee, Circuit Judge.
This is an appeal from a decree dismissing the complainant’s bill. The facts stated in the bill and exhibits thereto, and admitted by demurrer, briefly stated, are as follows: Appellant was the owner of about 104,819 acres of land in the county of Volusia, state of Florida, and at or about December 29, 1890, W. J. Winegar, one of the appellees, purchased said lands, paying at the time of purchase all the price except $21,409.56, to secure which said Winegar was, according to the contract, to execute to appellant his promissory note secured by mortgage on said lands.…
2Cases cited5 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Sanger v. UptonSupreme Court of the United States · 1875
- Ogilvie v. Knox Insurance Co.Supreme Court of the United States · 1860
- Duffield v. E. T. Barnum Wire & Iron WorksMichigan Supreme Court · 1887
- Farrar v. WalkerU.S. Circuit Court for the District of Eastern Missouri · 1875
3Cited by13 opinions
- Newton Nat. Bank v. NewbeginCourt of Appeals for the Eighth Circuit · 1896
- Stuart v. HaydenCourt of Appeals for the Eighth Circuit · 1895
- Oppenheimer v. Harriman National Bank & Trust Co.Supreme Court of the United States · 1937
- Harn v. SmithSupreme Court of Oklahoma · 1921
- MacNamee v. Bankers' Union for Foreign Commerce & Finance, Inc.Court of Appeals for the Second Circuit · 1928
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