MINNIE G. RAWLINS, PLAINTIFF IN ERROR,
v.
THE DADE LUMBER COMPANY, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a lower court's decision in an ejectment action, finding that portions of the defendant's answers to interrogatories were improperly stricken. The court referenced a prior decision concerning the same contested rights.
Yes, the portions of the defendant's answers concerning the consideration of the deeds and her possession of the premises should not have been stricken.
“As the portions of the answer that were stricken related to the consideration of the deeds of conveyance under which the defendant claimed title and to possession of the premises by the defendant, they should not have been stricken.”
Establishes the court's reasoning for reversing the lower court's decision.
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Join FLexlaw to unlock all legal intelligenceIn an ejectment lawsuit, the plaintiff company filed interrogatories to the defendant regarding her claim to the property. The trial court struck port…
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Whitfield, J.
In an action of ejectment the plaintiff company, pursuant to the statute, filed interrogatories to the defendant respecting the nature of her claim to the property, and portions of the answers to such interrogatories were stricken as being immaterial and irrelevant. There was judgment for the plaintiff and defendant took writ of error. As the portions of the answer that were stricken related to the consideration of the deeds of conveyance under which the defendant claimed title and to’ possession of the premises by the defendant, they should not have been stricken. Since the judgment herein was rendered the.ease of Rawlins v. Dade Lumber Co., 80 Fla. 398, 86 South. Rep. 334, has been decided respecting the rights herein contested.
Reversed.
Browne, C. J., and Tayloe, Ellis and West, J. J., concur.