STATE, EX REL. M. G. ROWE,
v.
J. M. LEE, AS COMPTROLLER
STATE, EX REL. M. G. ROWE,
J. M. LEE, AS COMPTROLLER
133 Fla. 825
Florida Supreme Court (1938)
Positive Treatment
Also reported at: 183 So. 475
Cited by 3 cases
Opinion of the Court
—The above styled cause is at issue before ■the Court upon motion of Counsel for Respondent to quash the Alternative AYrit of Mandamus issued in the cause. Mr. Chief Justice Ellis, Mr. Justice Brown and Mr. Justice Buford are of the opinion that the said motion to quash the alternative writ should be denied; while Mr. Justice AYhitfield, Mr. Justice Terrell and Mr. Justice Chapman are of the opinion that said motion to quash the alternative writ should be granted. The Court being thus evenly divided, it is ordered and adjudged by the Court that *826the motion to quash the alternative writ of mandamus in this cause, be and it is hereby denied.
Ellis, C. J., and Whitfield, Terrell, Brown, Buford and Chapman, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Holley v. MAY, 75 So. 2d 696 (Fla. 1954)…ch grantors to cancel or rescind the deed as to the entire lot, but would, at best, only put one upon inquiry as to. equitable claims against the particular strip in their possession by way of reformation or otherwise. Morton v. Smith, 133 Fla. 260, 183 So. 475. [*698] As to the right of the defendants to reform the deed, the assertion by the defendants in their counterclaim that the parties had an affirmative belief, though a mistaken one, that the entire 50 feet of the lot conveyed by the deed lay north…
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Chandler M. Lucas and Shirley K. Lucas v. Barnett Bank OF LEE Cnty., 705 So. 2d 115 (Fla. 2d DCA 1998)…ures set out in Fisher. Reversed. QUINCE, A.C.J., and WHATLEY, J., concur. . Under the old forms of pleading, an action to reform an incorrect legal description in a mortgage or deed was brought as a bill of review. Morton v. Smith, 133 Fla. 260, 183 So. 475 (1938). Florida Rule of Civil Procedure 1.540 abolished bills of review, and requires that relief from a judgment be pursued by motion or independent action, as stated in the rule. Equitable reformation of a mortgage can now be accomplished either b…
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Trinity Coll. v. COE, 7 Fla. Supp. 124 (Pinellas Cty. Cir. Ct. 1955)…as the mortgagee and purchaser at foreclosure sale, should be entitled to correct and reform the master’s deed by deleting the improper description and inserting the proper description of the land intended to be conveyed. In Morton v. Smith (Fla.), 183 So. 475, suit was brought to reform and foreclose a certain trust deed, the original of which was given as a mortgage on certain lots upon which a building was erected. It was later learned that the building was located on certain lots intended to be convey…