Vance v. Bliss Properties, (1933)
Court: Supreme Court of Florida
Number:
Visitors: 11
Judges: PER CURIAM. —
Attorneys: C. L. Brown, for Appellants;
Lyle D. Holcomb and Wilson Trammell, for Appellee.
Filed: Apr. 11, 1933
Latest Update: Mar. 02, 2020
Summary: This case is before us on appeal from final decree which brings up for consideration the entire record. The suit was for cancellation of a contract for the sale of real estate to decree null and void certain mortgages and other recorded instruments relating to such real estate, to cancel the records thereof and to repossess the complainant of the real estate involved. The defendants answered, praying affirmative relief, which answer was filed subject to demurrers. The demurrers were overruled. F
Summary: This case is before us on appeal from final decree which brings up for consideration the entire record. The suit was for cancellation of a contract for the sale of real estate to decree null and void certain mortgages and other recorded instruments relating to such real estate, to cancel the records thereof and to repossess the complainant of the real estate involved. The defendants answered, praying affirmative relief, which answer was filed subject to demurrers. The demurrers were overruled. Fr..
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I think that in a proper case the conclusions of the Master were approximately correct, at least relief along that line would be appropriate, but I see no reason for discussing this matter. The case made by the bill was one to declare a forfeiture under the contract and declare it to be discharged and cancelled and to invalidate certain other deeds. The relief granted was inappropriate to the case made in the bill.
BROWN, J., concurs.
Source: CourtListener