Horne v. J. C. Turner Cypress Lumber Co.
Supreme Court of Florida
This case 'was 'decided by Division A. Appeal from) the Circuit Court for Hernando' County. • Statement. JPhe appellants filed their bill in chancery against the appellees in the circuit court for Hernando county for the reformation of a deed to certain parcels of land therein described. A temporary injunction or restraining order against the defendants was granted by the circuit judge, Without notice. The bill was amended, under leave of the court.
Read the full summary
This case 'was 'decided by Division A. Appeal from) the Circuit Court for Hernando' County. • Statement. JPhe appellants filed their bill in chancery against the appellees in the circuit court for Hernando county for the reformation of a deed to certain parcels of land therein described. A temporary injunction or restraining order against the defendants was granted by the circuit judge, Without notice. The bill was amended, under leave of the court. A demurrer was interposed thereto by J. J. Pickren and Lazarus B. Varn, two of the defendants, which was overruled, and an answer to the bill…
1Opinion of the Court
Shackleford, C. J.,
(after stating the facts.)—It is settled law in this court that -in equity, as well as at law, a pleading is to be most strictly construed again-st the pleader thereof, -and in passing upon a demurrer to a bill every presumption is against the bill. It is incumbent upon a complainant to allege in his bill every fact, clearly and definitely, that is necessary to entitle him to relief; and if he omits essential facts therefrom, or states such facts therein, as show that he is not entitled to relief in -a court of equity, he must suffer the consequences of his so doing. Durham…
2Cases cited20 opinions
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
- Citizens' National Bank v. JudyIndiana Supreme Court · 1896
- Godwin v. PhiferSupreme Court of Florida · 1906
- Jacobs v. ParodiSupreme Court of Florida · 1905
- Pinney v. PinneySupreme Court of Florida · 1903
15 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Providence Square Ass'n v. BiancardiSupreme Court of Florida · 1987
- Geter v. SimmonsSupreme Court of Florida · 1909
- Capital City Bank v. HilsonSupreme Court of Florida · 1912
- Hoopes v. CraneSupreme Court of Florida · 1908
- Ross v. SavageSupreme Court of Florida · 1913
27 more not listed; retrieve them via the Exa API.