Legal Opinion

Kingsley v. Broward

Supreme Court of Florida

Decided January 15, 1883PublishedCited by 5 opinions

Writ of Error to the Circuit Court for Duval County. This is a writ of error to the Circuit Court for Duval county, upon the judgment of Hon. James M. Baker, referee. Plaintiffs in error commenced suit in ejectment against John Broward and Adel E. Broward, his wife, to recover three hundred acres of land in Duval county. John Broward dying pendente lite, his heirs above named were made parties. Defendants pleaded not guilty.

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Writ of Error to the Circuit Court for Duval County. This is a writ of error to the Circuit Court for Duval county, upon the judgment of Hon. James M. Baker, referee. Plaintiffs in error commenced suit in ejectment against John Broward and Adel E. Broward, his wife, to recover three hundred acres of land in Duval county. John Broward dying pendente lite, his heirs above named were made parties. Defendants pleaded not guilty. The cause having been referred, the referee upon the pleadings and proofs found in favor of the defendants, and judgment was entered accordingly. The following is a…

1Opinion of the Court

The Chief-Justice

delivered the opinion of the court:

It is established by the evidence that Z. Kingsley was not married to Flora H. Kingsley, and that she was never married; that at the date of the deed to the trustees, (1829) Charles, her only child then living, was about six months old; that Flora lived with Z. Kingsley and these plaintiffs were born during such cohabition, he being their putative father; that he was a white man and Elora a person of African or negro blood, the result of all which is that the plaintiffs are the illegitimate children of Elora. Charles died in 1852 and Flora…

2Cases cited5 opinions

  1. Stevenson's Heirs v. SullivantSupreme Court of the United States · 1820
  2. Bent's Administrator v. St. VrainSupreme Court of Missouri · 1860
  3. Scroggin v. AllanCourt of Appeals of Kentucky · 1834
  4. Stover v. Boswell's HeirCourt of Appeals of Kentucky · 1835
  5. Doe, on the Demise of Crawle v. BatesIndiana Supreme Court · 1843

3Cited by5 opinions

  1. Aetna Insurance Company v. LaGasseSupreme Court of Florida · 1969
  2. Atchison v. FrancisSupreme Court of Iowa · 1917
  3. In Re Martin's EstateDistrict Court of Appeal of Florida · 1959
  4. Wallace v. WallaceSupreme Court of Florida · 1935
  5. Singleton v. MartinDistrict Court of Appeal of Florida · 1959

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