Winn v. Strickland
Supreme Court of Florida
Appeai from the Circuit Court for Leon county. STATEMENT. Appellants filed a bill in the Leon Circuit Court, and .alleged in substance that on the 10th day of May, 1859, Thomas B. Winn made and published his last will and testament in due form of law in Thomas county, Georgia, and therein bequeathed to his wife Elizabeth, for and during her natural life, a plantation situated in said county, known as the “home place,” and the ¿residue of his real estate the testator…
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Appeai from the Circuit Court for Leon county. STATEMENT. Appellants filed a bill in the Leon Circuit Court, and .alleged in substance that on the 10th day of May, 1859, Thomas B. Winn made and published his last will and testament in due form of law in Thomas county, Georgia, and therein bequeathed to his wife Elizabeth, for and during her natural life, a plantation situated in said county, known as the “home place,” and the ¿residue of his real estate the testator bequeathed to his children or their legal representatives, to be equally divided amongst them under the limitations as follows,…
1Opinion of the Court
Mabry, J.,
(after stating the facts):
The object of the bill in this case is the cancellation, as a cloud upon the title to the lands therein described, of -the deed made under the mortgage foreclosure proceedings referred to in the statement filed with this opinion.
It is contended for appellee that appellants were not in possession of the lands when the bill was filed by them, and hence they have no status in a court of chancery. The lands in question are not wild or uncultivated, nor are they alleged so to be. It is essential that a complainant in such a case should be in possession in order…
2Cases cited20 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Watts v. Waddle Ex Rel. LeonardSupreme Court of the United States · 1832
- Anderson v. NorthropSupreme Court of Florida · 1892
- Sloan v. SloanSupreme Court of Florida · 1889
- Sammis v. JamesSupreme Court of Florida · 1893
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hanson v. DencklaSupreme Court of the United States · 1958
- Trueman Fertilizer Co. v. AllisonSupreme Court of Florida · 1955
- Sharp v. SharpSupreme Court of Oklahoma · 1916
- Rogers v. MartinSupreme Court of Florida · 1924
- Reese v. BakerSupreme Court of Florida · 1929
13 more not listed; retrieve them via the Exa API.