HARRIET HARRINGTON, LESLIE HARRINGTON AND ELLEN HYER, APPELLANTS,
v.
FRED E. HUMMELL, TRUSTEE IN BANKRUPTCY OF THE ESTATE OF LESLIE HARRINGTON, BANKRUPT, APPELLEE

Fla. | 1930-07-26
Terrell, C. ..J., and Whitfield, Strum and Buford, J. J., concur., Ellis, J., dissents., Brown, J., not participating.
100 Fla. 290 Florida Supreme Court (1930)

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Synopsis

The Florida Supreme Court affirmed a lower court's decree vesting title to certain property in a trustee in bankruptcy, finding no error in the decree.


Holding

The court held that there was no error in the final decree of the circuit court.


Key Quotes

“This cause is now here on appeal from a final decree finding the equities with the complainant appellee and decreeing that complainant as trustee in bankruptcy of the estate of Leslie Harrington, bankrupt, is vested with the legal and equitable title to certain lands and personal property.”

Describes the nature of the appeal and the lower court's decision.

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Facts & Procedural History

The trustee in bankruptcy sued to obtain legal and equitable title to described lands and personal property. The defendants, including the appellants,…

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Opinion of the Court
Per Curiam.

*291Per Curiam.

— This cause is now here on appeal from a final decree finding the equities with the complainant appelle and decreeing that complainant as trustee in bankruptcy of the estate of Leslie Harrington, bankrupt, is vested with the legal and equitable title to certain lands and personal property.in the bill of complaint described and that the defendants, Ellen Hyer and Harriet Hyer Harrington, execute and deliver conveyances of said lands and personal property to the complainant within five days from the date of the decree, failing in which that the decree operate and have the same effect as if conveyances and releases or acquittances had been executed in conformity with the'decree.

A synopsis of the bill of complaint, together with the opinion of this Court on the first appeal, is set forth in Hummell v. Harrington, 92 Fla. 87, 109 So. R. 320. There was an appeal in the case by Harriet Harrington, one of the appellants here, from an order of the court striking out sundry parts of her separate answer. The order striking parts of her answer was affirmed by this Court in Harrington v. Hummell, 94 Fla. 1194, 116 So. R. 479.

All assignments of error have been thoroughly presented and we have examined the basis of each carefully and have inspected and considered the entire record, and conclude that there is no error in the decree appealed from.

It is, therefore, considered, ordered and decreed by the Court that said final decree of the circuit court be, and the same is hereby affirmed.

Terrell, C. ..J., and Whitfield, Strum and Buford, J. J., concur.

Ellis, J., dissents.

Brown, J., not participating.


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