Mexican Crude Rubber Co. v. Ackley, (1931)
Court: Supreme Court of Florida
Number:
Visitors: 11
Judges: DAVIS, J. —
Attorneys: Huffaker Edwards, for Appellant;
Johnson, Bosarge Allen and Peterson, Carver, Langston O'Quin, for Appellee.
Filed: May 08, 1931
Latest Update: Mar. 02, 2020
Summary: Clara Ackley, complainant below, joined by her husband filed her bill of complaint seeking to have cancelled a certain deed from herself and husband to the defendant and to have reinstated a certain lease by said deed transferred and assigned to defendant, and for an accounting. Defendant demurred to the bill for want of equity. The demurrer was overruled and defendant appealed. The bill alleges that John B. Thornhill conveyed certain lands to S. K. Ackley and took back a purchase-money mortgage
Summary: Clara Ackley, complainant below, joined by her husband filed her bill of complaint seeking to have cancelled a certain deed from herself and husband to the defendant and to have reinstated a certain lease by said deed transferred and assigned to defendant, and for an accounting. Defendant demurred to the bill for want of equity. The demurrer was overruled and defendant appealed. The bill alleges that John B. Thornhill conveyed certain lands to S. K. Ackley and took back a purchase-money mortgage;..
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I think the allegation as to the unauthorized and unratified striking of the assumptive clause after execution of the deed is a charge of material alteration which requires a response from defendant.
BROWN, J., concurs.
ON REHEARING.
Source: CourtListener
