Legal Opinion

Smitz v. Wright

Supreme Court of Florida

Decided June 15, 1912PublishedCited by 9 opinions

Appealed from the Circuit Court- for' Pinellas County. The facts in the case are stated in the opinion of the court.

1Opinion of the CourtWhitfield, C. J.

The appellant brought a bill in equity against the appellees to enforce the specific performance of a contract for the conveyance of real estate. A demurrer interposed by the two married women was sustained, and Smitz appealed.

At common law a mere contract made by a married woman for the conveyance. of real estate, could not be specifically enforced for the reason that such contracts of a married woman are void.

Section 2594 of the General Statutes provides that “Coverture shall not prevent a decree against husband and wife to specifically perform their written agreement to sell or convey the…

2Cases cited2 opinions

  1. Maloy v. BoyettSupreme Court of Florida · 1907
  2. Rose v. HendersonSupreme Court of Florida · 1912

3Cited by9 opinions

  1. Blood v. HuntSupreme Court of Florida · 1929
  2. Catts v. Tampa & Jacksonville Railway Co.Supreme Court of Florida · 1918
  3. Clark v. AndrewDistrict Court, S.D. Florida · 1925
  4. Atlantic Coast Line Railroad v. City of LakelandSupreme Court of Florida · 1927
  5. Ex Parte AmosSupreme Court of Florida · 1927

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API