South Florida Citrus Land Co. v. Walden

The appellee brought a bill in equity in the Circuit Court for Dade County against the appellant for the specific performance of an agreement to *607convey lands “free of all encumbrance whatsoever.” The bill of complaint alleges that pursuant to an option in writing made an exhibit to the bill, the complainant within the time specified in the option tendered the purchase price and demanded a conveyance of the land which was refused. A demurrer to the bill of complaint was overruled. The answer of the defendant admits that the land is covered by a mortgage as alleged in the bill of complaint and…