Walls v. Endel
Supreme Court of Florida
Appeal from the Circuit Court for Alachua county, lion. James M. Baker, Judge of the fourth Circuit, presiding. Moses Endel and Marcus Endel brought their action of ejectment against appellant, to recover a lot in Gainesville, claiming title.
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Appeal from the Circuit Court for Alachua county, lion. James M. Baker, Judge of the fourth Circuit, presiding. Moses Endel and Marcus Endel brought their action of ejectment against appellant, to recover a lot in Gainesville, claiming title. Walls pleaded not guilty, and also tendered and filed a “ plea on equitable grounds,” as follows: That on the 28th day of July, 1876, he was the owner and possessed the lot described' in the declaration ; that desiring advances to carry on his planting and plantation! business, he applied to and obtained advances from the plaintiffs to carry on his…
1Opinion of the Court
The Chief-Justice delivered the opinion of the court.
The first and material question in this case is whether in an action of ejectment a “ plea on equitable grounds ” is appropriate and should be allowed; whether under the first equitable plea interposed in this case, viz: that the appar*96ent legal title of the plaintiff was a deed absolute in form, but in fact, was executed to secure the iudebtednesss of the grantor to the grantees, and was in equity a mortgage.
Our statute enacts a. recognized rule of equity, that all deeds of conveyance conveying or selliug property Cor the purpose or with…
2Cases cited7 opinions
- Dobson v. . PearceNew York Court of Appeals · 1854
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Murray v. . WalkerNew York Court of Appeals · 1865
- Kent v. AgardWisconsin Supreme Court · 1869
- Petty v. MaysSupreme Court of Florida · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Watson v. JonesSupreme Court of Florida · 1899
- Hull v. BurrSupreme Court of Florida · 1909
- Ashmead v. WilsonSupreme Court of Florida · 1886
- Markell v. HilpertSupreme Court of Florida · 1939
- McLaughlin v. ReichenbachSupreme Court of Colorado · 1912
25 more not listed; retrieve them via the Exa API.