Rushing v. Thompson's Executors
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. Appellants brought ejectment against respondents, Lofton and McDonell, executors of E. M. Thompson, to recover certain lauds in Duval county, and a verdict was had against plaintiffs, who appeal from the judgment thereon. Plaintiffs proved a deed executed by Lofton to Eliza G-. Magruder in 1876 ; that she died in 1883, and that Eushing’s wife, one of plaintiffs, was her daughter and only heir at law.
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Appeal from the Circuit Court for Duval county. Appellants brought ejectment against respondents, Lofton and McDonell, executors of E. M. Thompson, to recover certain lauds in Duval county, and a verdict was had against plaintiffs, who appeal from the judgment thereon. Plaintiffs proved a deed executed by Lofton to Eliza G-. Magruder in 1876 ; that she died in 1883, and that Eushing’s wife, one of plaintiffs, was her daughter and only heir at law. Defendant offered in evidence the record of a decree in chancery rendered in the county of Duval by a referee by which decree the deed of Lofton to…
1Opinion of the Court
The Chief-Justice delivered the opinion of the court.
The material questions are, 1, whether the cause was in a condition to be referred for trial at the time it was referred ; 2, whether the referee can be appointed on the application of one party, the other being in default; 3, whether under the Constitution and laws a referee has power to try a cause and render a final judgment or decree, to be effectual as a judgment or decree of the Circuit Court without further action of the Judge of the Court.
*591The Circuit Court had jurisdiction of the bill in equity to set aside and cancel a deed for…
2Cases cited7 opinions
- The People v. . CookNew York Court of Appeals · 1853
- State ex rel. Gill v. Common Council of WatertownWisconsin Supreme Court · 1859
- Bucknam v. RugglesMassachusetts Supreme Judicial Court · 1818
- M'Instry v. TannerNew York Supreme Court · 1812
- Case v. StateIndiana Supreme Court · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Malone v. MeresSupreme Court of Florida · 1926
- Aldrich v. AldrichSupreme Court of Florida · 1964
- Johnson v. McKinnonSupreme Court of Florida · 1907
- Guarantee Trust & Safe Deposit Co. v. Buddington, Wilson & Co.Supreme Court of Florida · 1887
- Quigley v. CreminSupreme Court of Florida · 1927
9 more not listed; retrieve them via the Exa API.