Raulerson v. Peeples
Supreme Court of Florida
An Appeal from the Circuit Court for DeSoto County, George W. Whitehurst, Judge. STATEMENT. On the 1st day of May, 1919, the complainant filed his bill against these defendants and others, asking that the common law suit of ejectment now pending in the Circuit Court of DeSoto County, between the complainant and the defendants, be enjoined, and that the complainant be given a lien for his improvements placed upon the said land, while he was supposed to be the owner thereof.
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An Appeal from the Circuit Court for DeSoto County, George W. Whitehurst, Judge. STATEMENT. On the 1st day of May, 1919, the complainant filed his bill against these defendants and others, asking that the common law suit of ejectment now pending in the Circuit Court of DeSoto County, between the complainant and the defendants, be enjoined, and that the complainant be given a lien for his improvements placed upon the said land, while he was supposed to be the owner thereof. The bill further alleges that there are two 10-acre tracts of land in. question; that the complainant bought this…
1Opinion of the Court
Willis, Circuit Judge,
(after stating the facts). — We shall discuss the assignments of error in the reverse order from that in which they are presented for the reason that *370if the demurrer should be held sufficient, it would be decisive of the cáse without reference to the other assignments.
Where a demurrer is filed, some of the grounds of which go to the whole bill ánd others to only a part of the bill, the demurrer will he overruled, if there is any equity in the bill.
The bill sets up that there was a mistake in the description of the land in the deed and prays for a reformation of such…
2Cases cited12 opinions
- Inhabitants of Windham v. Inhabitants of PortlandMassachusetts Supreme Judicial Court · 1808
- Smith v. HinesSupreme Court of Florida · 1864
- Sheafe v. O'NeilMassachusetts Supreme Judicial Court · 1812
- Moore v. GilliamSupreme Court of Virginia · 1817
- Jackson ex dem. Clark v. O'DonaghyNew York Supreme Court · 1810
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Clark v. GreySupreme Court of Florida · 1931
- Church v. Lee Et Vir.Supreme Court of Florida · 1931
- Mullan v. Bk. of Pasco Co.Supreme Court of Florida · 1931
- Crompton v. KirklandSupreme Court of Florida · 1946
- Gallman v. YoungLouisiana Court of Appeal · 1927
6 more not listed; retrieve them via the Exa API.