Hull v. Burr
Supreme Court of Florida
This case was decided by Division A. Appeal from the Circuit Court for Polk County. Statement. On the 26th day of March, 1908, the appellee as complainant filed his original bill against the appellants as defendants.
Read the full summary
This case was decided by Division A. Appeal from the Circuit Court for Polk County. Statement. On the 26th day of March, 1908, the appellee as complainant filed his original bill against the appellants as defendants. A demurrer was interposed to such bill upon which the trial court made the following order: “The demurrer to the bill assigns a number of grounds which are not tenable among them that there is no averment of a distinct agreement between the Port Tampa Phosphate Company and Hull, that the deed to the latter from Stuart and Meminger should operate as a mortgage. While this is true,…
1Opinion of the Court
Shackleford, J.,
(after stating the facts.) — We have copied in full in the foregoing statement the amended bill, 'the demurrers interposed thereto and the assignments of error predicated upon the order of the court overruling such demurrers, omitting only the formal parts of the several instruments. Our purpose in doing this is to show clearly just what points are presented to us for consideration and determination. As will be readily seen, all of such points are embraced within the general question as to whether or not the amended bill is sufficient to withstand the attack made upon it by…
2Cases cited37 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Jacobs v. ParodiSupreme Court of Florida · 1905
- Holliday v. McKinneSupreme Court of Florida · 1886
- Jordan v. SayreSupreme Court of Florida · 1888
- Shear v. RobinsonSupreme Court of Florida · 1881
32 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Key West Wharf & Coal Co. v. PorterSupreme Court of Florida · 1912
- Mizell Live Stock Co. v. J. J. McCaskill Co.Supreme Court of Florida · 1910
- Holmberg v. Hardee TrusteesSupreme Court of Florida · 1925
- Ross v. SavageSupreme Court of Florida · 1913
- Mitchell v. MasonSupreme Court of Florida · 1913
37 more not listed; retrieve them via the Exa API.