Farrell v. Forest Investment Co.
Supreme Court of Florida
Writ of Error to Circuit Court for St. Johns County; George Couper Gibbs, Judge. Statement. The Forest Investment Company, a foreign corpora- • tion, coinmenced its suit in the Circuit Court for St. Johns County in November, 1913, against R. L. Farrell for partition of certain lands; to declare a trust in certain of them, and for an accounting for the proceeds arising from the sale of cypress timber taken from the said lands by the defendant.
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Writ of Error to Circuit Court for St. Johns County; George Couper Gibbs, Judge. Statement. The Forest Investment Company, a foreign corpora- • tion, coinmenced its suit in the Circuit Court for St. Johns County in November, 1913, against R. L. Farrell for partition of certain lands; to declare a trust in certain of them, and for an accounting for the proceeds arising from the sale of cypress timber taken from the said lands by the defendant. The bill alleges that the complainant, Forest Investment Company, the appellee here, is a foreign corporation doing business in the State of Florida,…
1Opinion of the CourtEllis, J.
(after stating the facts).—The appellant insists that the bill shows upon its face that the court was without jurisdiction and therefore upon the final hearing should have been dismissed, notwithstanding the answer. It is contended that the bill merely seeks an accounting between copartners," while'praying for partition of lands, and that partition of partnership lands cannot be decreed until the equities between the partners have been settled; that the bill seeks to adjudicate the rights of the parties upon such a variety of subjects so different in character that they should not be…
2Cases cited42 opinions
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- Conley v. NailorSupreme Court of the United States · 1886
- Lucas v. WadeSupreme Court of Florida · 1901
- Waterman v. HigginsSupreme Court of Florida · 1891
- Christopher v. MungenSupreme Court of Florida · 1911
37 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Malone v. MeresSupreme Court of Florida · 1926
- Lovett and Lovett v. LovettSupreme Court of Florida · 1927
- Travis v. TravisSupreme Court of Florida · 1921
- Hill v. BeachamSupreme Court of Florida · 1920
- Norman M. Morris Corporation v. Hyman Weinstein, D/B/A Bright Star EnterpriseCourt of Appeals for the Fifth Circuit · 1972
86 more not listed; retrieve them via the Exa API.