O'Neil v. Percival

Raney, C. J.:

This is a suit in equity to subject the statutory real estate of a feme covert to payment for materials furnished for the erection of improvements thereon, and used for such purpose.

Prior to the institution of this suit the appellant had be*142gun and prosecuted, with the result hereinafter indicated, in the Circuit Court of Duval county, an action at law against the appellees on the same cause of action now sued on. The declaration alleged that the materials were furnished by the appellant under a contract made by him with Percival and ratified by Mrs. Percival, and were used in the…