Merritt v. Daffin
Supreme Court of Florida
Appeal from the Circuit Court for Jackson county. Mrs. Daffin and Mrs. Perry file a bill, to which the husband of each is a party complainant, against the appellant, making the following allegations: That their mother,Mrs. Anti A. Clarke, in 1866, and up to the time of her death, owned and was possessed of certain described lands in Jackson county, and that on March 22, 1867, Mrs. Clarke and her husband, John Clark, save to one E. J. Merritt a paper purporting to be a…
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Appeal from the Circuit Court for Jackson county. Mrs. Daffin and Mrs. Perry file a bill, to which the husband of each is a party complainant, against the appellant, making the following allegations: That their mother,Mrs. Anti A. Clarke, in 1866, and up to the time of her death, owned and was possessed of certain described lands in Jackson county, and that on March 22, 1867, Mrs. Clarke and her husband, John Clark, save to one E. J. Merritt a paper purporting to be a mortgage on said lands, to secure the payment of a promissory note for the sum of $3,600, made by them, and payable to the…
1Opinion of the CourtJustice Raney
delivered the opinion of the.court:
The leading question to be decided in this cause is-whether or not the decree of foreclosure and sale, rendered agaiust John Clarke, as administrator of the estate of his wife, Mrs. Ann Clarke, concludes her daughters, Mrs. Daffin and Mrs. Perry, as her heirs. There is no doubt that it the property covered b}' the alleged mortgage deed were-personal instead of real estate, they would be concluded, though not parties to the decree, for both at common law and under our statute, the administrator of an estate is the only necessary representative of the…
2Cases cited9 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Doyle v. WadeSupreme Court of Florida · 1887
- Whitlock v. WillardSupreme Court of Florida · 1881
- Union Bank v. Heirs & Terretenants of PowellSupreme Court of Florida · 1850
- Gilchrist v. FilyauSupreme Court of Florida · 1848
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ballard v. KennedySupreme Court of Florida · 1894
- Steinhardt v. SteinhardtDistrict Court of Appeal of Florida · 1984
- Belton v. SummerSupreme Court of Florida · 1893
- Walker v. ReddingSupreme Court of Florida · 1898
- Scott v. JenkinsSupreme Court of Florida · 1903
3 more not listed; retrieve them via the Exa API.