Vance v. Jacksonville Realty & Mortgage Co.
Supreme Court of Florida
Appeal from Circuit Court for Diival County; D. A. Simmons, Judge. STATEMENT. On the 12th day of March, 1913, Jacksonville Development Company, a Corporation, as Complainant, filed its bill in chancery against Mary B. Vance and her husband, S'. C. Vance, and Mrs. H. O. Merritt, as defendants, which bill, omiting the caption, Is as follows: “Your orator, Jacksonville Development Company, a corporation organized and existing under the laws of the State of Florida, Complainant,…
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Appeal from Circuit Court for Diival County; D. A. Simmons, Judge. STATEMENT. On the 12th day of March, 1913, Jacksonville Development Company, a Corporation, as Complainant, filed its bill in chancery against Mary B. Vance and her husband, S'. C. Vance, and Mrs. H. O. Merritt, as defendants, which bill, omiting the caption, Is as follows: “Your orator, Jacksonville Development Company, a corporation organized and existing under the laws of the State of Florida, Complainant, brings this its Bill of Complaint against Mary B. Vance and her husband, S. C. Vance, of Duval County, Florida, and…
1Opinion of the CourtShackleford, J.
(after stating the facts.) — The first assignment which is mainly relied upon for a reversal of the decree, questions the correctness of the order overruling the demurrer interposed to the bill. It is strenuously contended that, as it plainly appears from the bill, the contract could not be specifically enforced against Mrs. Nance, by reason of her coverture, therefore the bill is without equity. In other words, as the appellant contends, “the contract being unenforceable for specific performance, is unenforceable for all purposes.” We had occasion to touch upon this principle in Shields v.…
2Cases cited4 opinions
- Burns v. . McGregorSupreme Court of North Carolina · 1884
- Equitable Building & Loan Ass'n v. KingSupreme Court of Florida · 1904
- Moore v. LigonWest Virginia Supreme Court · 1883
- Goss v. FurmanSupreme Court of Florida · 1885
3Cited by13 opinions
- Wheeler v. SullivanSupreme Court of Florida · 1925
- Edgar v. BaconSupreme Court of Florida · 1929
- Wheeler v. SullivanSupreme Court of Florida · 1925
- Schmidt v. KibbenSupreme Court of Florida · 1931
- Oates v. Prudential Insurance Co. of AmericaSupreme Court of Florida · 1932
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