Judges: PER CURIAM. —
Attorneys: Edward C. Rice and Hubert Blakey, for Appellants;
J. T. McBrayer, for Appellee.
Filed: Feb. 14, 1927
Latest Update: Mar. 02, 2020
Summary: The appeal herein is from an order sustaining a demurrer and an order dismissing a bill of complaint upon failure to amend as allowed. This suit, though purporting to be brought under Section 2, Article XI of the State Constitution to charge the separate real estate of a deceased married woman, for money due upon an agreement made by her in writing for the *Page 259 benefit of her separate property, the suit is in effect brought against the executor of a deceased married woman to enforce the spe
Summary: The appeal herein is from an order sustaining a demurrer and an order dismissing a bill of complaint upon failure to amend as allowed. This suit, though purporting to be brought under Section 2, Article XI of the State Constitution to charge the separate real estate of a deceased married woman, for money due upon an agreement made by her in writing for the *Page 259 benefit of her separate property, the suit is in effect brought against the executor of a deceased married woman to enforce the spec..
More
The appeal herein is from an order sustaining a demurrer and an order dismissing a bill of complaint upon failure to amend as allowed.
This suit, though purporting to be brought under Section 2, Article XI of the State Constitution to charge the separate real estate of a deceased married woman, for money due upon an agreement made by her in writing for the
benefit of her separate property, the suit is in effect brought against the executor of a deceased married woman to enforce the specific performance of a contract for the purchase of land, which contract was signed by the married woman, Gautier v. Bradway, 87 Fla. 193, 99 So.2d Rep. 879, she not having been made a free dealer pursuant to statute. Section 3218 et seq.,
Revised General Statutes, 1920; Lerch v. Barnes, 61 Fla. 672, 54 So.2d Rep. 763.
Such a suit is not contemplated by Section 2, Article XI of the Constitution.
Affirmed.
WHITFIELD, P. J., AND TERRELL AND BUFORD, J. J., concur.
ELLIS, C. J., AND STRUM AND BROWN, J. J., concur in the opinion.
