Legal Opinion

Peck v. Osteen

Supreme Court of Florida

Decided January 15, 1896PublishedCited by 8 opinions

Appeal from the Circuit Court for Bradford county. STATEMENT. The appellant, as complainant in the Circuit Court, filed his bill of complaint against the appellees, as defendants. For convenience the respective parties are 'hereinafter called, as in the court below, the complainant and the defendants.

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Appeal from the Circuit Court for Bradford county. STATEMENT. The appellant, as complainant in the Circuit Court, filed his bill of complaint against the appellees, as defendants. For convenience the respective parties are 'hereinafter called, as in the court below, the complainant and the defendants. The bill alleged that in the ■execution of a mortgage, for the purpose of securing the payment of certain, notes by the defendants to the «complainant, of one hundred and forty acres of land, •one tract of eighty acres, intended by both parties to be included in such mortgage, was misdescribed,…

1Opinion of the Court

Liddor, J.:

The first error complained of is the overruling of complainant’s exceptions to the defendant’s answer. These exceptions, as shown by the accompanying statement of the case, were in general terms, and only an allegation that the answer contained inconsistent defenses. There is no attempt at specification of the defenses which the complainant supposed were inconsistent with each other. The counsel for appellant in his brief says that in disposing of these exceptions “the court below should have looked at the whole answer to have ascertained whether or not contradictory defenses were…

2Cases cited4 opinions

  1. Richardson v. DonehooWest Virginia Supreme Court · 1880
  2. Arnold, Abney & Co. v. SlaughterWest Virginia Supreme Court · 1892
  3. Greeley v. DeCottesSupreme Court of Florida · 1888
  4. Perez v. Bank of Key WestSupreme Court of Florida · 1895

3Cited by8 opinions

  1. Newman v. SmithSupreme Court of Florida · 1918
  2. Sims v. RigginsSupreme Court of Alabama · 1917
  3. Fisher v. VillamilSupreme Court of Florida · 1911
  4. Hunt v. TurnerSupreme Court of Florida · 1907
  5. Alfalfa Lumber Co. v. MudgettCourt of Appeals of Texas · 1917

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