Hoey v. Jackson
Supreme Court of Florida
Appeal from Circuit Court for Alachua county. STATEMENT. Cordelia Hoey, in her own right, and as administratrix of Cason Cooper, deceased, and Charles Hoey, who joined in right of his wife, Cordelia, filed a, bill in 1884 in the Circuit Court for Hillsborough county, .against John Jackson.
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Appeal from Circuit Court for Alachua county. STATEMENT. Cordelia Hoey, in her own right, and as administratrix of Cason Cooper, deceased, and Charles Hoey, who joined in right of his wife, Cordelia, filed a, bill in 1884 in the Circuit Court for Hillsborough county, .against John Jackson. The essential features of this bill are, in substance, as follows : That in 1866, Cordelia Hoey, then Cordelia Cooper, purchased lot six (6) •of block 62, according to the survey and map of the town of Tampa, for the sum of two hundred and fifty •dollars of her own separate property, and the party from whom…
1Opinion of the Court
Mabky, J.:
Fraud, accident and mistake are principal grounds upon which courts of equity act in granting relief against legal proceedings, and in relieving parties against judgments at law. The party asking relief in a court of equity in such cases must show that he could not avail himself of such defense at law; or, if such defense could have been made there, he was deprived of an opportunity of presenting the same, without fault on his part, by the fraud or circumvention of the oppo-. *555site party. Chief-Justice Marshal formulates ' the-rules as follows: “It may safely be said that any fact'…
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- Owens v. RansteadIllinois Supreme Court · 1859
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- Thornton v. EppesSupreme Court of Florida · 1856
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