Knox v. Spratt
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. This suit was instituted by Spratt and Barnett. They seek to enjoin two ejectment suits brought to recover possession of lot number 8 in block number 31 on the southwest corner-of Pine and Eorsyth streets in the city of Jacksonville, Florida, one of the shits being by Knox, Commissioner, &c., and the other by George Wheaton Deans as administrator d. b. n. of the estate of Foreman, both of the suits being against William B.…
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Appeal from the Circuit Court for Duval county. This suit was instituted by Spratt and Barnett. They seek to enjoin two ejectment suits brought to recover possession of lot number 8 in block number 31 on the southwest corner-of Pine and Eorsyth streets in the city of Jacksonville, Florida, one of the shits being by Knox, Commissioner, &c., and the other by George Wheaton Deans as administrator d. b. n. of the estate of Foreman, both of the suits being against William B. Barnett, the tenant of plaintiff Spratt. The primary equity sought is a decree of specific performance of an alleged…
1Opinion of the CourtJustice Westcott
(after reading the foregoing statement of the case prepared by him) delivered the opinion of the court:
The primary equitable right claimed here by the purchaser is performance by the vendor, the Savings and Trust Company, or Knox, Commissioner of the contract of sale of this lot.
The injunction granted is necessarily based upon the view that the plaintiffs in the ejectment suits are endeavoring to *828make an iniquitous use of the legal title to oust the tenant of tlie purchaser; that the purchaser has the equitable right to an investiture of the legal title in him as against the plaintiffs in…
2Cases cited7 opinions
- Williamson v. BerrySupreme Court of the United States · 1850
- Blossom v. Railroad Co.Supreme Court of the United States · 1866
- Forman v. HuntCourt of Appeals of Kentucky · 1835
- Wright v. MooreNew York Supreme Court · 1839
- Halleck v. GuyCalifornia Supreme Court · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Taylor v. Florida East Coast Railway Co.Supreme Court of Florida · 1907
- Hammonds v. Buckeye Cellulose CorporationSupreme Court of Florida · 1973
- Dehuy v. OsborneSupreme Court of Florida · 1928
- Deans v. WilcoxonSupreme Court of Florida · 1889
- Anderson v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1909
9 more not listed; retrieve them via the Exa API.