Legal Opinion

Day v. Jones

Supreme Court of Florida

Decided June 15, 1898PublishedCited by 3 opinions

Appeal from the Circuit Court for Bradford County. Statement. On August 26, 1893, appellees filed their bill of complaint against appellants in the Circuit Court of Bradford county, alleging that on March 7, 1892, Mary G. Witkovski purchased a certain parcel of land in said county at a sheriff’s sale under execution issued upon a judgment recovered by her against Milley Day on November 19, 1891; that on June 30, 1892, Mary G. Witkovski conveyed said land to complainant,…

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Appeal from the Circuit Court for Bradford County. Statement. On August 26, 1893, appellees filed their bill of complaint against appellants in the Circuit Court of Bradford county, alleging that on March 7, 1892, Mary G. Witkovski purchased a certain parcel of land in said county at a sheriff’s sale under execution issued upon a judgment recovered by her against Milley Day on November 19, 1891; that on June 30, 1892, Mary G. Witkovski conveyed said land to complainant, Bonita E. Jones, who- with her husband entered into and continued to hold possession thereof; that on September 9, 1891,…

1Opinion of the Court

Carter, J.:

We think the court below.erred in. granting the final decree in this case. The bill called upon, the defendants not only in general terms, but by specific interrogatories to answer under oath, stating what consideration induced the execution of the deed alleged to be fraudulent; when and how it was paid; whether the deed had ever been delivered; and, if so, when,.where and who was present; whether Mrs. .Demorest or her husband knew of Mrs. Day’s indebtedness to Mrs. Witkovski or other persons at the time of its execution; and, in fact, to answer specifically each allegation of the…

2Cases cited11 opinions

  1. Blow v. GageIllinois Supreme Court · 1867
  2. Myers v. KinzieIllinois Supreme Court · 1861
  3. Parkhurst v. McGrawCourt of Appeals of Mississippi · 1852
  4. Fulton v. WoodmanMississippi Supreme Court · 1876
  5. Hartshorn v. EamesSupreme Judicial Court of Maine · 1849

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Farrell v. Forest Investment Co.Supreme Court of Florida · 1917
  2. Pinney v. PinneySupreme Court of Florida · 1903
  3. Johnson v. SumnerSupreme Court of Florida · 1921

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