Legal Opinion

Hill ex rel. Giddens v. Meinhard

Supreme Court of Florida

Decided January 15, 1897PublishedCited by 6 opinions

Appeal from the Circuit Court for Hillsborough county. STATEMENT. On April 2, 1888, the appellant, by her next friend, filed her bill against appellees in the Circuit Court of Hillsborough county, which, after being held insufficient on demurrers, was subsequently amended by additions so that it alleged the recovery on November 7, 1887, by defendants Meinhard Bros. & Co. of a judgment in the Circuit Court of said county against defendant John P. Hill for $398.21, the…

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Appeal from the Circuit Court for Hillsborough county. STATEMENT. On April 2, 1888, the appellant, by her next friend, filed her bill against appellees in the Circuit Court of Hillsborough county, which, after being held insufficient on demurrers, was subsequently amended by additions so that it alleged the recovery on November 7, 1887, by defendants Meinhard Bros. & Co. of a judgment in the Circuit Court of said county against defendant John P. Hill for $398.21, the issuance of an execution thereon on February 17, 1888;, the levy of the execution upon certain land therein described, which is…

1Opinion of the Court

Carter, J.:

The court below erred in sustaining the demurrer to-the amended bill of complaint. If the deed from the defendant John P. Hill to complainant, his wife, was-valid in equity, the language of the conveyance, given in the preceding statement of the facts, constituted the land her separate statutory property (Harwood vs. Root, 20 Fla. 940); and while it is necessary to allege-in a bill of this character the nature of the married woman’s estate in the property, i. e. whether it is her separate statutory property, or her equitable separate-estate (Storrs vs. Storrs, 23 Fla. 274, 2 South.…

2Cases cited8 opinions

  1. Waterman v. HigginsSupreme Court of Florida · 1891
  2. Taylor v. DuesterbergIndiana Supreme Court · 1887
  3. Sims v. RicketsIndiana Supreme Court · 1871
  4. Warner v. WatsonSupreme Court of Florida · 1895
  5. Harwood v. RootSupreme Court of Florida · 1884

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Russ v. BlackshearSupreme Court of Florida · 1925
  2. American Freehold Land & Mortgage Co., of London, Ltd. v. MaxwellSupreme Court of Florida · 1897
  3. McNeil v. WilliamsSupreme Court of Florida · 1912
  4. Blackshear Manufacturing Co. v. McClennySupreme Court of Florida · 1918
  5. Pettit v. CoachmanSupreme Court of Florida · 1906

1 more not listed; retrieve them via the Exa API.

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