Byrne v. Brown
Supreme Court of Florida
Appeal from the Circuit Court for Marion County. Statement. Bernard M. Byrne, appellants’ father, died intestate in i860, seized and possessed of about 15,000 acres of land lying in Levy, Marion, Hernando, Volusia and Nassau counties. The appellants were at that time minors, aged respectively nine, four and two years. In 1866, they with their mother Louisa A. Byrne, resided in Washington City, and they have not resided in this State since that time.
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Appeal from the Circuit Court for Marion County. Statement. Bernard M. Byrne, appellants’ father, died intestate in i860, seized and possessed of about 15,000 acres of land lying in Levy, Marion, Hernando, Volusia and Nassau counties. The appellants were at that time minors, aged respectively nine, four and two years. In 1866, they with their mother Louisa A. Byrne, resided in Washington City, and they have not resided in this State since that time. At the Fall term, 1866, of the Circuit Court for Nassau county, in the Suwannee Circuit, Joseph Finnegan presented a petition alleging that he…
1Opinion of the Court
Carter, J.:
The court below erred in overruling appellants’ demurrer to the bill of complaint. If the sale under the decree of the Circuit Court of Nassau county was regular and valid as alleged in the bill of complaint, then the title of appellee derived therefrom was valid and legal and would have constituted a complete legal defense to the action of ejectment sought to be enjoined. If the sale was irregular or invalid, but the appellants by their conduct were estopped from asserting its irregularity or invaliditiy, that estoppel was available as a legal defense to the action of ejectment,…
2Cases cited11 opinions
- Deweese v. ReinhardSupreme Court of the United States · 1897
- Savage v. . AllenNew York Court of Appeals · 1873
- Hagan v. EllisSupreme Court of Florida · 1897
- Mountain Lake Park Ass'n v. ShartzerCourt of Appeals of Maryland · 1896
- Cohen v. L'EngleSupreme Court of Florida · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Peacock v. FeasterSupreme Court of Florida · 1906
- Commodores Point Terminal Co. v. HudnallDistrict Court, S.D. Florida · 1922
- Crompton v. KirklandSupreme Court of Florida · 1946
- Columbian National Life Insurance v. Industrial Trust Co.Supreme Court of Rhode Island · 1933
- Ex Parte SirmansSupreme Court of Florida · 1927
4 more not listed; retrieve them via the Exa API.