McGregor v. Kellum
Supreme Court of Florida
This case was decided by Division A. Appeal from the Circuit Court for Lee County. STATEMENT. James E. Kellum, Sallie Miller and Chandes Miller, her husband, exhibited their bill against Tootie B. McGregor in the Circuit Court for Lee county on the 29th day of November, 1904. An amended bill was filed the following February, which covered fully the case as made by their original bill and need alone be considered.
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This case was decided by Division A. Appeal from the Circuit Court for Lee County. STATEMENT. James E. Kellum, Sallie Miller and Chandes Miller, her husband, exhibited their bill against Tootie B. McGregor in the Circuit Court for Lee county on the 29th day of November, 1904. An amended bill was filed the following February, which covered fully the case as made by their original bill and need alone be considered. Charles Miller, who joined in the suit solely because of the coverture of his wife, died during the pendency of the litigation. The amended bill alleged that the complainants are the…
1Opinion of the Court
Cockrell, J.,
(after stating the facts.) We shall discuss the propositions decided by the Circuit Court in the order in which they occur in the final decree.
I. Had the alleged homestead been abandoned by James Kellum, prior to the time of his death? We may admit for the purpose of the argument that except for an abandonment the heirs were necessary parties, without whom a decree of foreclosure as to it is an absolute nullity and subject to collateral attack in the manner sought by this bill.
On mere questions of fact, dependent upon credibility of witnesses, this court is reluctant to interfere…
2Cases cited5 opinions
- Smith v. CroomSupreme Court of Florida · 1857
- Murphy v. FarquharSupreme Court of Florida · 1897
- Price v. WinterSupreme Court of Florida · 1875
- Wilmott v. Equitable Building & Loan Ass'nSupreme Court of Florida · 1902
- Scott v. JenkinsSupreme Court of Florida · 1903
3Cited by12 opinions
- Pasco v. HarleySupreme Court of Florida · 1917
- Gulf Refining Co. v. AnkenySupreme Court of Florida · 1931
- Nelson v. HainlinSupreme Court of Florida · 1925
- First Nat. Bk. of Chipley v. PeelSupreme Court of Florida · 1932
- Berkenfield v. JacobsSupreme Court of Florida · 1955
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