Bush v. Adams
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. On January 19, 1876, the appellant filed his bill, alleging the making of a promissory note by one Kellogg, payable to appellant, as trustee, and that John S. Adams, the testator, became guarantor for the payment thereof, and to secure the payment thereof he, the testator, made a mortgage of a certain piece of land to appellant, Mrs. Adams joining therein for the purpose of relinquishing her dower.
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Appeal from the Circuit Court for Duval county. On January 19, 1876, the appellant filed his bill, alleging the making of a promissory note by one Kellogg, payable to appellant, as trustee, and that John S. Adams, the testator, became guarantor for the payment thereof, and to secure the payment thereof he, the testator, made a mortgage of a certain piece of land to appellant, Mrs. Adams joining therein for the purpose of relinquishing her dower. A copy of the mortgage deed is annexed. The bill prays a reference to ascertain the amount due, and that a short day may be named for the payment of…
1Opinion of the CourtJustice Raney
This case comes before us on an appeal from an order made by a Circuit Judge, sitting in chancery, overruling exceptions to an answer. The ground of the exceptions is impertinence.
If matter not material, as a defence or which is irrelevant to the case made by the bill, is stated in an answer it will be struck out, on exception being taken thereto, as impertinent. Sommers vs. Torrey, 5 Paige, 54. Chancellor Kent, in Hood vs. Inman, 4 J. C. R., 437, held upon exceptions to an answer, that pleadings should consist of averments or allegations of facts, stated with as much brevity and precision as…
2Cases cited32 opinions
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Duty v. GrahamTexas Supreme Court · 1854
- Delavergne v. NorrisNew York Supreme Court · 1811
- Sichel v. De CarrilloCalifornia Supreme Court · 1871
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
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3Cited by26 opinions
- Hull v. BurrSupreme Court of Florida · 1909
- Lake v. Hancock ex rel. PayneSupreme Court of Florida · 1896
- Trustees Internal Improvement Fund v. RootSupreme Court of Florida · 1912
- Deans v. WilcoxonSupreme Court of Florida · 1889
- Estate of Fitzgerald v. First National BankNebraska Supreme Court · 1902
21 more not listed; retrieve them via the Exa API.