Palmer v. Greene, (1947)
Court: Supreme Court of Florida
Number:
Visitors: 19
Judges: BARNS, J.:
Attorneys: L. D. Martin, for Appellants.
John C. Blocker for Flora Mae Greene and S. A. Greene and Forrest Hoffman, for Catherine Ownby and C. O. Ownby,
appellees. Lewis B. Wray and Harry Q. Young, for City of St. Petersburg, appellees.
Filed: May 09, 1947
Latest Update: Mar. 02, 2020
Summary: The appellees, S. A. Greene and Flora Mae Greene, filed their bill of complaint in the Circuit Court of Pinellas County, *Page 175 Florida, to quiet title against Edward M. Palmer and wife, Ethel M. Palmer (a) to described land situated in the north part of Lot 6; (b) to described land situated in northeast corner of Lot 7 and a strip off the west side of Lot 8, all of Block 2 of Joseph Puig's Subdivision (now) situated in the town of St. Petersburg. The Greenes acquired title to Lots 6 and 7 du
Summary: The appellees, S. A. Greene and Flora Mae Greene, filed their bill of complaint in the Circuit Court of Pinellas County, *Page 175 Florida, to quiet title against Edward M. Palmer and wife, Ethel M. Palmer (a) to described land situated in the north part of Lot 6; (b) to described land situated in northeast corner of Lot 7 and a strip off the west side of Lot 8, all of Block 2 of Joseph Puig's Subdivision (now) situated in the town of St. Petersburg. The Greenes acquired title to Lots 6 and 7 dur..
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It is my view that no equity jurisdiction is shown by the bill of complaint and that the court below was without power to enter an order except one dismissing the bill of complaint or one transferring the cause to the law side of the docket for disposition under issues in an ejectment proceeding.
As the issues could not be determined in a Chancery Court, it is not proper for us to express any views thereon in this
proceeding. What we might say could amount to no more than obiter dicta.
I, therefore, concur only in the judgment.
Source: CourtListener
