Johnson v. Drew
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF FLORIDA. In September, 1886, defendant in error commenced an action of ejectment in the Circuit Court of the State of Florida, for the county of Hillsborough, to recover possession of a tract of land described as follows: “ Lot eight (8) of section nineteen (19), township twenty-nine (29) south, of range nineteen (19) east, and lot seven (7) of section twenty-four (24), in township twenty-nine (29) south, of range eighteen (18)…
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ERROR TO THE SUPREME COURT OF THE STATE OF FLORIDA. In September, 1886, defendant in error commenced an action of ejectment in the Circuit Court of the State of Florida, for the county of Hillsborough, to recover possession of a tract of land described as follows: “ Lot eight (8) of section nineteen (19), township twenty-nine (29) south, of range nineteen (19) east, and lot seven (7) of section twenty-four (24), in township twenty-nine (29) south, of range eighteen (18) east, containing about forty and nineteen one-hundredths (40.19) acres.” The defendant, how plaintiff in error, filed a plea…
1Opinion of the Court
Mr. Justice Brewer,
after stating the .case, delivered the opinion of the court.
The ruling of the trial court in sustaining the demurrer to the first equitable plea and refusing to permit the second to be filed presents no question for the consideration of this court, for it was.held by the Supreme Court of the State that under the plea of not guilty all the matters of defence set up in these equitable pleas could be offered in evidence and made available and, in fact, the defendant on the- trial did offer his testimony to establish them. So the substantial rights of the defendant were not…
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