Legal Opinion · Concurrence

King Lumber & Manufacturing Co. v. State

Supreme Court of Florida

Decided September 17, 1932Published

1ConcurrenceBrown, J.

(Concurring).—If the complainants were the owners of the land and the timber thereon, they might not be able to maintain such a bill. See Carney v. Hadley, 32 Fla. 344, 14 So. 4; Doke v. Peek, 45 Fla. 244, 34 So. 896. But as the complainants are mere lien holders, they have no adequate remedy at law. I am inclined to the view that there is equity in the bill. See in advancing the citations above given, 40 Eq. 521, et seq., & Reynolds v. Lawrence, 147 Ala. 216, 44 So. 576, and Lancaster v. Fitzgerald (Neb.), 104 N. W. 875; Palmer v. Young, 108 Ill. App., 252.

2Cases cited5 opinions

  1. Carney v. HadleySupreme Court of Florida · 1893
  2. Reynolds v. LawrenceSupreme Court of Alabama · 1906
  3. Lancaster County v. FitzgeraldNebraska Supreme Court · 1905
  4. Doke v. PeekSupreme Court of Florida · 1903
  5. Palmer v. YoungAppellate Court of Illinois · 1903