Legal Opinion

Bradford v. Marvin

Supreme Court of Florida

Decided January 15, 1849PublishedCited by 10 opinions

Marvin and Martin, in the year 1844, filed their bill of complaint in the late Superior Court of St. John’s County, against Mary Eliza Read, Teresa Bellamy Read and Richard H. Bradford, administrator of the estate of Leigh Read, setting forth and showing that, on the 12th day of March, eighteen hundred and thirty-nine, the said Marvin was seized and possessed of three thousand five hundred acres of land, being a part and portion of an undivided tract of four thousand acres,…

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Marvin and Martin, in the year 1844, filed their bill of complaint in the late Superior Court of St. John’s County, against Mary Eliza Read, Teresa Bellamy Read and Richard H. Bradford, administrator of the estate of Leigh Read, setting forth and showing that, on the 12th day of March, eighteen hundred and thirty-nine, the said Marvin was seized and possessed of three thousand five hundred acres of land, being a part and portion of an undivided tract of four thousand acres, ceded by the Spanish Government to one Don Francisco Roman Sanchez, and described in said cession as being situate ten…

1Opinion of the Court

Hawkins, Justice,

delivered the following opinion :

The questions arising in this case for the decision of the. Court, 'are these : 1st. Can a vendor enforce a specific lien in equity against a vendee for the land sold, the vendor giving the vendee an absolute deed in fee simple, and in return therefor, taking the promissory note of the purchaser, with a third person thereon as security i

2d. Can the surety, without having paid the purchase money, be entitled to have the lands (so sold) set apart as a specific fund for the payment of the note 1

We have given the subject the consideration due to…

2Cases cited2 opinions

  1. Gilman v. BrownU.S. Circuit Court for the District of Massachusetts · 1817
  2. Cox v. FenwickCourt of Appeals of Kentucky · 1813

3Cited by10 opinions

  1. Johnson v. McKinnonSupreme Court of Florida · 1903
  2. McKeown v. CollinsSupreme Court of Florida · 1896
  3. Griffin v. OrmanSupreme Court of Florida · 1860
  4. Special Tax School District No. 1 v. HillmanSupreme Court of Florida · 1938
  5. Anderson v. DonnellIndiana Supreme Court · 1879

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