Clements v. Henderson
Cases that cite this one
5 later published cases cite this decision.
- Prieto v. Eastern Nat. Bank (Fla. Dist. Ct. App. 1998)
- City of Miami v. St. Joe Paper Co. (Fla. 1978)
- ITT Rayonier, Inc. v. Wadsworth (Fla. 1977)
- Marshall v. Hollywood, Inc. (Fla. Dist. Ct. App. 1969)
- Smith v. St. Petersburg Novelty Works (Fla. 1927)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
A bill was filed to have certain realty set aside as the homestead of the claimant, to enjoin a sale thereof under a common law judgment, and to quiet the title of the complainant as against the lien of the judgment. A demurrer to the bill was sustained, and this appeal is from the order sustaining the demurrer.
. The demurrer points out no specific objection to the manner of pleading the facts relied on, but apparently rests upon the theory that the realty being a homestead the judgment constitutes no lien thereon.
We have no brief in support of the demurrer, and a reading of the bill discloses no lack of allegation going to make up a homestead under our constitution. The facts alleged, however, are facts in pais, dependent for their proof upon ephemeral testimony and the complain
That our courts of equity are open for the purpose of granting this relief, we think is firmly established. Milton v. Milton, 63 Fla. 533, 58 South. Rep. 718; Smith v. Gufford, 36 Fla. 481, 18 South. Rep. 717, 51 Am. St. Rep. 37; McMichael v. Grady, 34 Fla. 219, 15 South. Rep. 765.
Order reversed, with directions to overrule the demurrer. ,
Taylor, C. J., and Shackleford, Cockrell, Whitfield and Ellis, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.