American Freehold Land & Mortgage Co., of London, Ltd. v. Maxwell
Supreme Court of Florida
Appeal from Circuit Court foi; Alachua county. STATEMENT. On May 29, 1891, appellee filed her bill against appellant in the Circuit Court of Alachua county, alleging that she was the widow of one William A. Maxwell, deceased; that appellant was proceeding to sell ■under execution upon a judgment obtained by it in the Circuit Court of Alachua county, against the administrator de bonis non of William A. Maxwell, certain lauds described in the bill; that appellee was in…
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Appeal from Circuit Court foi; Alachua county. STATEMENT. On May 29, 1891, appellee filed her bill against appellant in the Circuit Court of Alachua county, alleging that she was the widow of one William A. Maxwell, deceased; that appellant was proceeding to sell ■under execution upon a judgment obtained by it in the Circuit Court of Alachua county, against the administrator de bonis non of William A. Maxwell, certain lauds described in the bill; that appellee was in possession of said lands, and owned an undivided four-fifths interest in fee simple therein, acquired by ■a conveyance executed…
1Opinion of the Court
Carter, J.: •
I. It is claimed by appellee that the circumstances leading up to and connected with the acquisition of title by William A. Maxwell to the lands in controversy, raised an implied trust in favor of appellee for a four-fifths interest in the lands in controversy; and that the deed subsequently executed by her husband in consideration of this trust was based upon a valuable consideration, and is, therefore, valid in equity under our decisions in Waterman vs. Higgins, 28 Fla. 660, 10 South. Rep. 97; Claflin vs. Ambrose, 37 Fla. 78, 19 South. Rep. 628; and Hill vs. Meinhard, 39 Fla.…
2Cases cited19 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Waterman v. HigginsSupreme Court of Florida · 1891
- Hart v. LeeteSupreme Court of Missouri · 1891
- Warner v. WatsonSupreme Court of Florida · 1895
- Sterling v. SimsSupreme Court of Georgia · 1883
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3Cited by7 opinions
- Gillooley v. VaughanSupreme Court of Florida · 1926
- Dova v. HancockSupreme Court of Florida · 1924
- Hobbs v. FrazierSupreme Court of Florida · 1911
- Baker & Holmes Co. v. GibsonSupreme Court of Florida · 1931
- Coral Isle West Ass'n v. Cindy Realty, Inc.District Court, S.D. Florida · 1977
2 more not listed; retrieve them via the Exa API.