McKeown v. Allen
Supreme Court of Florida
Appeal from the Circuit. Court for Citrus county. STATEMENT. The appellant, who was complainant below, and if hereinafter called the complainant, on April l”0th', 1889, brought his bill in chancery against the appellees, defendants below, hereinafter called the defendants. The bill sought to subject a forty-acre tract of and therein described to the payment of a judgment obtained by complainant against the defendant J. Wesley Allen.
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Appeal from the Circuit. Court for Citrus county. STATEMENT. The appellant, who was complainant below, and if hereinafter called the complainant, on April l”0th', 1889, brought his bill in chancery against the appellees, defendants below, hereinafter called the defendants. The bill sought to subject a forty-acre tract of and therein described to the payment of a judgment obtained by complainant against the defendant J. Wesley Allen. It was alleged that the indebtedness upon which such judgment was obtained was for the purchase money on said land. This was emphatically denied by the answer,…
1Opinion of the Court
Liddon, J.:
The answer makes no defense upon any claim of homestead upon the part of Mrs. Lucy Allen, and that question is eliminated from the discussion.
' In a recent decision of this court, made at the present term (Claflin & Thayer vs. Ambrose) 'it was held that “a voluntary conveyance of real property not his *495homestead, made by a husband to his wife when in failing circumstances, is void as to his creditors whose claims existed at the date of such conveyance.” This is a correct statement of the law applicable to the facts of the case then before the court. The voluntary conveyance' which…
2Cases cited10 opinions
- Waterman v. HigginsSupreme Court of Florida · 1891
- Strong v. LawrenceSupreme Court of Iowa · 1882
- Williams v. BanksCourt of Appeals of Maryland · 1857
- Harrell v. MitchellSupreme Court of Alabama · 1878
- Houston v. BlackmanSupreme Court of Alabama · 1880
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3Cited by23 opinions
- Freehling v. Nielson (In Re F & C Services, Inc.)United States Bankruptcy Court, S.D. Florida. · 1984
- Bay View Estates Corp. v. SoutherlandSupreme Court of Florida · 1934
- Martin v. WhiteSupreme Court of Georgia · 1902
- Weathersbee Et Ux. v. DekleSupreme Court of Florida · 1933
- Ostend Realty Co. v. Biscayne Realty & InsuranceSupreme Court of Florida · 1930
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