Legal Opinion

Alston v. Rowles

Supreme Court of Florida

Decided July 1, 1869PublishedCited by 9 opinions

Appeal from a decree of the Circuit Court for the Second Judicial Circuit in Leon County. Sarah E. Rowles, the appellee here and the plaintiff below, filed her bill in behalf of herself and other judgment creditors of the estate of Robert H. Berry, deceased, alleging that her testator, John J. Rowles, and Robert H. Berry, in the year 185 , entered into a mercantile copartnership; that according to her information and belief the whole capital was contributed by her testator,…

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Appeal from a decree of the Circuit Court for the Second Judicial Circuit in Leon County. Sarah E. Rowles, the appellee here and the plaintiff below, filed her bill in behalf of herself and other judgment creditors of the estate of Robert H. Berry, deceased, alleging that her testator, John J. Rowles, and Robert H. Berry, in the year 185 , entered into a mercantile copartnership; that according to her information and belief the whole capital was contributed by her testator, Berry being insolvent and without means; that the parties carried on “ a prosperous and successful business” up to the-…

1Opinion of the CourtWestcott, J.

This is a suit between judgment creditors of the administrator of the husband as plaintiffs, and a judgment creditor of the administrator of the wife, the heirs and distributees of both husband and wife, and the executive officer of the court who levied a fi. fa. of the creditor of the wife upon the property in dispute, as defendants.

It is alleged by plaintiffs that the husband having purchased this property in his life-time, caused deeds of conveyance of the same to be. made to the wife. The bill seeks 10 enjoin the judgment creditor of the administrator of the wife, who had caused the…

2Cases cited2 opinions

  1. Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
  2. Telfair v. Stead's ExecutorsSupreme Court of the United States · 1805

3Cited by9 opinions

  1. State ex rel. Andreu v. CanfieldSupreme Court of Florida · 1898
  2. Deans v. WilcoxonSupreme Court of Florida · 1889
  3. Fairchild v. House ex rel. KnightSupreme Court of Florida · 1882
  4. Kimmle v. Cramer (In Re Cramer)United States Bankruptcy Court, M.D. Florida · 1988
  5. Sloan v. SloanSupreme Court of Florida · 1885

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