Stearns v. Fraleigh
Supreme Court of Florida
Appeal from the Circuit Court for Gradsden ■county. STATEMENT. On June 4, 1890, appellees filed their bill in equity in the Circuit Court of Gfadsden county making appellant and one Mary A. Fraleigh defendants thereto.
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Appeal from the Circuit Court for Gradsden ■county. STATEMENT. On June 4, 1890, appellees filed their bill in equity in the Circuit Court of Gfadsden county making appellant and one Mary A. Fraleigh defendants thereto. An amended bill was filed by appellees April 16, 1891, whereby it was alleged that on January 18, 1864, Emanuel M. Fraleigh, husband of defendant Mary A. Fraleigh, executed a trust deed of conveyance to one Samuel B. Love, a certified copy of which was made a part of the bill. The deed referred to purported to be made for and in consideration of the great love and affection…
1Opinion of the Court
Carter, J.:
The appellant having failed to argue the fourth error assigned in the petition of appeal, we treat it as abandoned. The principal question involved by the other assignments is, whether the appointment of E. M. Fraleigh to be trustee, by his wife, under the power of appointment given her by the terms of the trust deed, was a valid act. If so, and the deeds to Hamblin passed title, the appellant being a purchaser for value from him, without notice of any equities claimed by appellees, would obtain a good title. Saunders vs. Richard, 35 Fla. 28, 16 South. Rep. 679. The hearing-in the…
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