Herring v. Fitts
Supreme Court of Florida
Appeal from Circuit Court for Volusia County. ‘ Statement. Appellant filed a bill in chanery against appellees alleging that' on the 26th day of March, 1890, William R. Fitts was owner and in possession of lots B, C, and F, of Block 10, of Rich's Addition to the city of DeLand, Volusia county, and also the north half of the south half of 'the southeast quarter of the northwest quarter of the southeast quarter of section 8, township 17 south, range 30 east containing two and…
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Appeal from Circuit Court for Volusia County. ‘ Statement. Appellant filed a bill in chanery against appellees alleging that' on the 26th day of March, 1890, William R. Fitts was owner and in possession of lots B, C, and F, of Block 10, of Rich's Addition to the city of DeLand, Volusia county, and also the north half of the south half of 'the southeast quarter of the northwest quarter of the southeast quarter of section 8, township 17 south, range 30 east containing two and one-half acres; that on said date complainant loaned to defendant William R. Fitts southeast -quarter of section 8,…
1Opinion of the Court
Mabry J.
(After stating the facts.)
The two controlling questions now presented for decision arise upon the respective appeals taken by parties in this case. The one presented by the appeal of defendants Louisa Fitts and her husband Wm. R. Fitts comes first in natural order, and will be first considered. We *61find that it is not free from difficulty. The court found from the evidence submitted that a mutual mistake was made as to the description of part of the land embraced in the mortgage executed by Wm. R. and Louisa Fitts to the complainant Herring, bearing date May 26th, 1890, and decreed…
2Cases cited7 opinions
- Hart v. Sanderson's AdministratorsSupreme Court of Florida · 1881
- Hamar v. MedskerIndiana Supreme Court · 1878
- Sav. & Loan Soc'y v. MeeksCalifornia Supreme Court · 1885
- Gardner v. MooreSupreme Court of Alabama · 1883
- Stevens v. HolmanCalifornia Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Providence Square Ass'n v. BiancardiSupreme Court of Florida · 1987
- Shad v. SmithSupreme Court of Florida · 1917
- Rivard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
- Mathis v. HemingwayCourt of Appeals for the Eighth Circuit · 1928
- Tippett v. FrankDistrict Court of Appeal of Florida · 1970
3 more not listed; retrieve them via the Exa API.