Sample v. Natalby, (1935)
Court: Supreme Court of Florida
Number:
Visitors: 10
Judges: BUFORD, J. —
Attorneys: W. Wallace Shafer, for Appellant;
Huffaker Edwards, for Appellees.
Filed: Jun. 21, 1935
Latest Update: Mar. 02, 2020
Summary: The appeal is from an order dismissing the bill of complaint and from another order dismissing amended bill of complaint. The allegations of the bill of complaint and of the amended bill of complaint show that J. W. Sample on December 21, 1926, recovered a judgment against A.D. Natalby in the Circuit Court of Polk County in the sum of $984.28. On June 14, 1933, execution was issued under the judgment and same returned nulla bona. At the time Sample filed his suit against Natalby, Natalby was the
Summary: The appeal is from an order dismissing the bill of complaint and from another order dismissing amended bill of complaint. The allegations of the bill of complaint and of the amended bill of complaint show that J. W. Sample on December 21, 1926, recovered a judgment against A.D. Natalby in the Circuit Court of Polk County in the sum of $984.28. On June 14, 1933, execution was issued under the judgment and same returned nulla bona. At the time Sample filed his suit against Natalby, Natalby was the ..
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I agree that laches as a matter of law cannot be said to bar the bill on its face. But the long delay coupled with a showing of prejudice that may appear by answer and evidence might constitute a good defense on final hearing of the merits, especially in a case like this when the wife is not claimed to be a mere present holder of the title for the husband's use and benefit, but rather the voluntary grantee of it under a long standing conveyance that at the time it was made was constructively, at least, a fraud on creditors.
Source: CourtListener
