Combs v. Combs

Supreme Court of Florida

Combs v. Combs

103 So. 644, 89 Fla. 238

DecidedMarch 7, 1925

StatusPublished

This text of 103 So. 644 (Combs v. Combs) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Combs v. Combs, 103 So. 644, 89 Fla. 238 (Fla. 1925).

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Opinion

Per Curiam.

This appeal is from a decree dismissing a bill of complaint brought to have annulled a deed of conveyance executed by husband and wife to a third person who at once conveyed to the wife, real estate which may have been the family homestead, the ground of relief alleged being duress of the husband who had been confined in the county jail. The bill of complaint also sought an annulment of a divorce decree obtained- by the wife.

Upon consideration of the entire record the conclusion, is reached that in view of the testimony and the law applicable thereto, the rights of all interested parties would be best subserved by reversing the decree so that the pleadings may be so framed as to properly present the equities if any in the premises.

It is so ordered.

Whitfield, Ellis, Browne, West and Terrell, J. J., concur.

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Per Curiam.

This appeal is from a decree dismissing a bill of complaint brought to have annulled a deed of conveyance executed by husband and wife to a third person who at once conveyed to the wife, real estate which may have been the family homestead, the ground of relief alleged being duress of the husband who had been confined in the county jail. The bill of complaint also sought an annulment of a divorce decree obtained- by the wife.

Upon consideration of the entire record the conclusion, is reached that in view of the testimony and the law applicable thereto, the rights of all interested parties would be best subserved by reversing the decree so that the pleadings may be so framed as to properly present the equities if any in the premises.

It is so ordered.

Whitfield, Ellis, Browne, West and Terrell, J. J., concur.

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Bluebook (online)

103 So. 644, 89 Fla. 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/combs-v-combs-fla-1925.