Legal Opinion

Walker v. Sarven

Supreme Court of Florida

Decided January 15, 1899PublishedCited by 8 opinions

Appeal from the Circuit Court for Hernando county. Statement. On August 5, 1893, appellee filed his bill in equity, in the Circuit Court of Hernando* county, against appellant and George N. Sarven, Willie B. Mayes and her husband, James M. Mayes, alleging that complainant was on and before November 18, 1882, seized in fee and possessed of certain lands situated in Hernando county, therein particularly described, and on said day bargained and sold same to defendants Walker…

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Appeal from the Circuit Court for Hernando county. Statement. On August 5, 1893, appellee filed his bill in equity, in the Circuit Court of Hernando* county, against appellant and George N. Sarven, Willie B. Mayes and her husband, James M. Mayes, alleging that complainant was on and before November 18, 1882, seized in fee and possessed of certain lands situated in Hernando county, therein particularly described, and on said day bargained and sold same to defendants Walker and Sarven for the sum of $3,579, for which sum said defendants executed a joint note due three years after date, with…

1Opinion of the Court

Carter, J.:

We have been unable to discover any principle by which that feature of the decree appealed from can be sustained. By their joint purchase George N. Sarven and Charles B. Walker became tenants in common of the lands conveyed to them by James D. Sarven, each being entitled to> an undivided one-half interest therein. The debt for purchase money was a joint debt for the ..whole of which each was equally bound to James D. Sarven, and the grantor’s lien reserved in the latter’s deed of conveyance was a lien for the whole debt upon the whole property. As between themselves, however,…

2Cases cited11 opinions

  1. O'Hara v. MacConnellSupreme Court of the United States · 1876
  2. Iglehart v. WessonIllinois Supreme Court · 1866
  3. Newbold v. SmartSupreme Court of Alabama · 1880
  4. Garvin v. WatkinsSupreme Court of Florida · 1892
  5. Ellis v. FairbanksSupreme Court of Florida · 1896

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Lyons v. LyonsDistrict Court of Appeal of Florida · 1968
  2. Bridier v. BurnsSupreme Court of Florida · 1941
  3. Lambert v. DracosDistrict Court of Appeal of Florida · 1981
  4. Maxwell v. Jacksonville Loan & Improvement Co.Supreme Court of Florida · 1903
  5. Tillman v. TillmanDistrict Court of Appeal of Florida · 1969

3 more not listed; retrieve them via the Exa API.

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