Edwards v. Rives
Supreme Court of Florida
Appeal from the Circuit Court for Marion county. STATEMENT. Adam Rives, the appellee, on the first day of April,. A. D. 1887, filed his bill against William Edwards in the Circuit Court for Marion county, in chancery, and therein prayed for the specific performance of a contract for the sale of real estate, alleged to have been entered into between him and William Edwards.
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Appeal from the Circuit Court for Marion county. STATEMENT. Adam Rives, the appellee, on the first day of April,. A. D. 1887, filed his bill against William Edwards in the Circuit Court for Marion county, in chancery, and therein prayed for the specific performance of a contract for the sale of real estate, alleged to have been entered into between him and William Edwards. It was alleged in the bill that about the month of November, 1874, William Edwards did contract to sell and did sell to Adam Rives that certain parcel of land situated in the county of Marion, in the State of Florida, and…
1Opinion of the CourtMalone, Circuit Judge
(after statiny the facts).
Two questions of paramount importance are presented by the petition or appeal, viz: (1) Whether Adam Rives was a competent witness as to the trans*96actions and communications between himself and William Edwards; and (2) whether the chancellor erred in granting a decree for the specific performance of the alleged contract. We will proceed to discuss these questions in their order.
I. Adam Rives was the plaintiff in the suit, and at the time of his examination as a witness William Edwards was insane, and represented in said suit by J alia A. Edwards as his guardian ad…
2Cases cited9 opinions
- Tayloe v. RiggsSupreme Court of the United States · 1828
- Holliday v. McKinneSupreme Court of Florida · 1886
- Tunno v. RobertSupreme Court of Florida · 1878
- Elwell v. WalkerSupreme Court of Iowa · 1879
- Edichal Bullion Co. v. Columbia Gold Mining Co.Supreme Court of Virginia · 1891
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3Cited by20 opinions
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- Cross v. AbySupreme Court of Florida · 1908
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- Patrick v. KirklandSupreme Court of Florida · 1907
- Orlando Realty Board Building Corp. v. HilpertSupreme Court of Florida · 1927
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