Supreme Court of Florida, 1905

McGregor v. Kellum

McGregor v. Kellum
Supreme Court of Florida · Decided June 15, 1905 · Cockrell, Hocker, Parkhill, Shackleford, Taylor, Whitfield
50 Fla. 589

McGregor v. Kellum

070rehearing

Cockrell, J.

A re-hearing of the testimony, upon the petition for rehearing makes it appear that the finding that neither Dr. Kellum nor his family “ever saw the old place,” during the four years preceeding his death is perhaps not warranted. It is positively shown that no one ever resided there during that interval, but one witness testified that Dr. Kellum went “to up river” every now and then. It is possible to gleam from this that Dr. Kellum. may have been an occasional visitor to the place, and to this extent the statement of facts in the opinion is modified; but the modification does not effect the ultimate finding of “abandonment,” and the rehearing is denied.

Shackleford, C. J., and Whitfield, J., concur. Taylor, P. J., and Hocker and Parkhill, JJ., concur in the opinion.

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