Crosby v. Andrews
Supreme Court of Florida
This case was decided by the court En Banc. Appealed from the Circuit Court for Escambia County. Statement. • The following statement was prepared by Mr. Justice Shackleford. This is an appeal by the defendants in the court below from an interlocutory order overruling their demurrer to the bill of complaint. In view of the contentions made by the respective parties litigant, it seems advisable to set out the pleadings in full, with the exception of the formal parts.
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This case was decided by the court En Banc. Appealed from the Circuit Court for Escambia County. Statement. • The following statement was prepared by Mr. Justice Shackleford. This is an appeal by the defendants in the court below from an interlocutory order overruling their demurrer to the bill of complaint. In view of the contentions made by the respective parties litigant, it seems advisable to set out the pleadings in full, with the exception of the formal parts. The bill, which was filed on the 6th day of January, 1910, is as follows: “The bill of complaint of Jas. W. Andrews, R. F.…
1Opinion of the Court
Per Curiam.-
The trustees of a church brought a suit to have canceled on the ground of mistake a deed of conveyance made by them to Crosby covering the whole of the west half of the east half of Arpent lot 30 when the church did not own the north 64 feet thereof, and Crosby appeals from an order overruling his demurrer to the trustees’ bill of complaint.
As stated by Mr. Justice Shackleford in the opinion prepared by him: “Since the question which we are called upon to decide is the correctness of the order in overruling the demurrer to the bill, we must bear in mind that the demurrer, Avliich…
2Cases cited3 opinions
- Brown v. LamphearSupreme Court of Vermont · 1862
- City of Miami a Municipal Corp. v. ShuttsSupreme Court of Florida · 1910
- Benesh v. Travelers' InsuranceNorth Dakota Supreme Court · 1905
3Cited by19 opinions
- Maryland Casualty Company v. KrasnekSupreme Court of Florida · 1965
- Capital City Bank v. HilsonSupreme Court of Florida · 1912
- Smiles v. YoungDistrict Court of Appeal of Florida · 1973
- Graham v. ClydeSupreme Court of Florida · 1952
- McKleroy v. DishmanSupreme Court of Alabama · 1932
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