Consideration For Deed

52 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Travis v. Sim Travis
  81 Fla. 309· Fla.· 1921-03-11 ·cited 206×
  Heirs of Mary Travis sought to set aside a deed conveying all of her property to her son Sim Travis, claiming she lacked mental capacity to execute it. The Florida Supreme Court affirmed the lower court's validation of the deed, holding that mere mental weakness is insufficient t
• Annibelle Jackson and Henry N. Jackson v. Parker
  153 Fla. 622· Fla.· 1943-10-29 ·cited 81×
  Jackson v. Parker concerns a purchase-money mortgage on a house in Ocala, Florida. The mortgagors, the Jacksons, purchased the property from the Monroes and signed a promissory note on the back of the mortgage after it was recorded. The key issue was whether a release of the mort
• Fla. Moss Prods. Co. v. City of Leesburg
  93 Fla. 656· Fla.· 1927-03-29 ·cited 77×
  Florida Moss Products Company sought to enforce an alleged oral agreement that land it sold to the City of Leesburg was to be used only for park purposes, but the Florida Supreme Court held that parol evidence cannot be admitted to impose contractual obligations that conflict wit
• Taylor v. Fla. E. Coast Ry. Co.
  54 Fla. 635· Fla.· 1907-06-01 ·cited 68×
  The Florida Supreme Court reversed a trial court's dismissal of a bill for specific performance of a railroad contract, holding that the Florida East Coast Railway's agreement to maintain a spur track and depot near the Taylors' hotel and operate passenger trains thereon is enfor
• Jordan v. Jordan
  100 Fla. 1586· Fla.· 1931-01-05 ·cited 53×
  In this appeal from dismissal of a bill seeking cancellation of deeds, the Florida Supreme Court upheld the trial court's finding that property was not homestead at the time the deeds were executed, and that the deeds were valid. The case turns on whether Rufus P. Jordan retained
• Archibald Campbell v. Carruth
  32 Fla. 264· Fla.· 1893-06-01 ·cited 38×
  In this ejectment action, the Florida Supreme Court affirmed a judgment for defendants who held a deed from the plaintiff's intestate (Katurah Campbell) conveying the disputed 40-acre property. The court held that the deed's description, though missing the words "quarter of" befo
• Williams v. Grogan
  100 So. 2d 407· Fla.· 1958-02-14 ·cited 36×
  Charlie Frank Williams conveyed his inheritance interest to his mother based on her assurance that she would protect his interests, but she later executed a will devising the property to others. Though the court found insufficient evidence of an express parol agreement, it revers
• Mease v. Warm Mineral Springs, Inc.
  128 So. 2d 174· Fla. 2d DCA· 1961-03-01 ·cited 34×
  Dr. Mease appeals a decree ordering rescission of a deed conveying five acres of land from Warm Mineral Springs, Inc., based on his failure to construct a promised therapeutic clinic within twelve months. The court affirmed, holding that Mease's alleged modification of the constr
• Denham v. Sexton
  48 So. 2d 416· Fla.· 1950-11-03 ·cited 34×
  The Florida Supreme Court affirmed a lower court's dismissal of a suit seeking to cancel deeds. The court held that deeds given by a husband and wife for property held as tenants by the entireties, even if occupied as a homestead, are valid and cannot be challenged by a subsequen
• Herrin v. Mrs. C. R. Abbe
  55 Fla. 769· Fla.· 1908-01-01 ·cited 32×
  This case examines whether a grantee who purchases property subject to a mortgage can be held liable for the mortgage debt if they verbally agreed to assume it as part of the purchase price. The court affirmed the foreclosure decree, holding that such a parol agreement is enforce
• Schreiber v. Chase Fed. Sav. & Loan Ass'n
  422 So. 2d 911· Fla. 3d DCA· 1982-10-12 ·cited 28×
  The Florida District Court of Appeal, Third District, granted a motion for rehearing en banc to resolve a conflict between panel decisions regarding the validity of deeds conveying property for love and affection consideration. The court reversed the lower court judgment and held
• Sullivan v. Lear
  23 Fla. 463· Fla.· 1887-06-01 ·cited 23×
  In this case involving the sale of a wharf charter (franchise), the Florida Supreme Court addressed how to value property that lacks a market value and affirmed the admission of expert testimony regarding the franchise's value. The court held that when an article has no market va
• Inezze Harrod v. Simmons
  143 So. 2d 717· Fla. 2d DCA· 1962-08-10 ·cited 18×
  This case involves an appeal from a dismissal of a suit seeking reformation of a deed. The appellate court affirmed the dismissal, holding that love and affection alone are insufficient consideration to support a reformation of a deed after the grantor's death, especially when it
• Cook v. Cora B. Adams (R. Lee Freeman
  89 So. 2d 6· Fla.· 1956-07-25 ·cited 18×
  An elderly woman deeded her property to the Cooks in exchange for a promise to provide her with a home and lifetime support. The Cooks failed to provide adequate care and support, remaining mostly absent in Indiana. The Florida Supreme Court affirmed the trial court's decision to
• Parrish v. Robbirds
  146 Fla. 324· Fla.· 1941-02-28 ·cited 18×
  The Florida Supreme Court reversed a lower court decree that partially voided a 1929 deed conveying homestead property to two daughters, holding that the deed validly transferred title subject to the parents' life estate and that adequate consideration existed in the form of serv
• Eli Horn & Jeremiah Savell v. Gartman
  1 Fla. 63· Fla.· 1846-01-01 ·cited 17×
  Horn's executors challenged a deed gifting enslaved persons and property to Gartman, arguing it was testamentary, lacked delivery, and improperly created a remainder in personal property. The Florida Supreme Court affirmed the lower court's judgment, holding the instrument valid
• Smith v. Treva E. Smith and Gary Hale
  375 So. 2d 1138· Fla. 3d DCA· 1979-10-09 ·cited 16×
  In a dissolution of marriage case, the court reversed the trial court's award of the marital home solely to the wife, finding that the husband's conditional transfer of his interest to the wife was an unenforceable contract for attempted reconciliation lacking definite terms, and
• Hill v. Lummus
  123 So. 2d 365· Fla. 3d DCA· 1960-10-06 ·cited 14×
  The court reversed a decree that voided conveyances and vested property in the estate of Lucille Gysin, instead holding that title should be vested in the Hills. The Hills prevailed because the estate administrator was estopped from challenging the validity of conveyances that or
• Pac. Royalty Co. v. Williams
  227 F.2d 49· 10th Cir.· 1955-06-21 ·cited 13×
  The court held that the Williams heirs' fraud claim failed because the misrepresentation about the grantee's identity was not material to the conveyance, and the deed was effectively delivered and accepted. The Bates heirs' claims were barred by laches and a prior adverse judgmen
• Franklin v. Loton M. Jones
  22 Fla. 526· Fla.· 1886-06-01 ·cited 13×
  Frank Franklin sought to reform a deed he executed to his mother, Mary Burrill, in 1874, claiming he intended to convey only a life estate but the deed conveyed fee simple. The Florida Supreme Court affirmed the dismissal of his bill, holding that the evidence did not meet the ri
• Phillips v. Iglehart
  558 F.2d 737· 5th Cir.· 1977-09-02 ·cited 12×
  The court certified questions of Florida law to the Florida Supreme Court regarding the validity of a repurchase option in a deed, the consequences of its invalidity, and the admissibility of parol evidence concerning consideration.
• Cleveland Mortg. & Inv. Co. v. Gage
  144 Fla. 758· Fla.· 1940-11-12 ·cited 12×
  Cleveland Mortgage and Investment Company sought to vacate a Master's sale of foreclosed property sold to Pinasco, Inc., alleging the sale was void because no cash was actually paid despite the decree requiring cash payment, and because Pinasco lacked authority to hold property a
• State v. Ray Constr. of Okaloosa Cnty.
  667 So. 2d 859· Fla. 1st DCA· 1996-01-30 ·cited 11×
  The Florida Department of Revenue appealed a trial court judgment in a documentary stamp tax dispute with Ray Construction. The appellate court reversed the dismissal of four tax assessments on jurisdictional grounds because the 60-day statutory deadline had passed, but affirmed
• Oren Brown v. Brown
  501 So. 2d 24· Fla. 5th DCA· 1986-12-24 ·cited 10×
  A father conveyed 80 acres to his son and daughter-in-law by deed of gift. After the house built on the land was discovered to sit outside the conveyed tract, the daughter-in-law sought reformation of the deed to include the house property. The court reversed the trial court's re
• Putnal v. Walker
  61 Fla. 720· Fla.· 1911-01-01 ·cited 9×
  In this equity case, the Florida Supreme Court held that a minor's deed to S. R. Walker could be disaffirmed by Wilcox within seven years of attaining majority, even though Walker had knowledge of Wilcox's minority at the time of the transaction. The court reversed the trial cour
• In re Shearn Moody, Jr. v. Shearn Moody, Jr.
  862 F.2d 1194· 5th Cir.· 1989-01-12 ·cited 6×
  A debtor's fraudulent conveyances do not extinguish homestead rights under Texas law if the debtor never intended to abandon the homestead. The Texas Property Code limits a single adult's rural homestead to 100 acres.
• Am. Foam Indus., Inc. v. State
  345 So. 2d 343· Fla. 3d DCA· 1977-03-22 ·cited 6×
  American Foam Industries, Inc. and its sole shareholder Edward Rothbard challenged a documentary stamp tax assessment on a quit claim deed transferring property from Rothbard to the corporation. The Florida appellate court held that the transfer was exempt from documentary stamp
• Briggs v. Weston
  36 Fla. 629· Fla.· 1895-06-01 ·cited 6×
  This case concerns whether a sale of personal property is fraudulent when the seller retains possession after the sale. The court held that the seller's continued possession, without a sufficient explanation, creates a presumption of fraud that can invalidate the sale.
• Waldorff Ins. & Bonding, Inc. v. Eglin Nat'l Bank
  453 So. 2d 1383· Fla. 1st DCA· 1984-07-27 ·cited 4×
  Waldorff Insurance appeals a foreclosure judgment, arguing its equitable interest in a condominium unit acquired through a purchase agreement and occupancy should be superior to the Bank's mortgage liens. The court agrees, holding that Waldorff's open, visible, and exclusive poss
• Whitehead v. Euphemia M. Rowland
  352 So. 2d 128· Fla. 2d DCA· 1977-11-18 ·cited 4×
  Appellant Sandra Whitehead appeals a judgment rescinding a deed transferring ten acres of land. The court reversed the rescission, holding that parol evidence was inadmissible to prove an oral promise regarding grove cultivation and profit-sharing that contradicted the parties' w
• W. C. Barclay and Wife v. Robertson
  67 Fla. 416· Fla.· 1914-04-29 ·cited 4×
  Robertson brought an ejectment action against W.C. Barclay and his wife for possession of 240 acres of land based on a sheriff's sale under execution. Barclay claimed the land was his homestead and introduced a deed to his wife to shield the property from creditors, but the trial
• Collions I. Pettit v. Coachman
  51 Fla. 521· Fla.· 1906-01-01 ·cited 4×
  A married woman sought to clear title to real property conveyed to her by her husband in 1893 after it was sold at execution to satisfy the husband's judgment debt. The Florida Supreme Court reversed the lower court's dismissal, holding that the wife's legal title was not affecte
• Crusaw v. Crusaw
  637 So. 2d 949· Fla. 1st DCA· 1994-06-01 ·cited 3×
  In this homestead property dispute, the trial court set aside a 1953 deed transferring property from parents to their son, finding the property was homestead in nature and conveyed without adequate consideration despite the deed reciting $800 as consideration. The appellate court
• Cohen-Ager, Inc. v. State of Fla. Dep't OF Revenue
  504 So. 2d 1332· Fla. 1st DCA· 1987-03-24 ·cited 3×
  Cohen-Ager, Inc. and Metropolitan Dade County appeal the Department of Revenue's assessment of documentary stamp tax on a warranty deed reconveying property from Cohen-Ager to Dade County. The court affirms the tax assessment, holding that the reconveyance does not qualify for th
• Tucker v. Otto C. Butterweck and Lizzie Butterweck
  50 Fla. 442· Fla.· 1905-06-01 ·cited 3×
  The Florida Supreme Court affirmed a judgment in favor of Otto C. and Lizzie Butterweck in an action for breach of warranty of title. The court rejected the defendants' plea that the deed was executed without consideration, holding that consideration existed because it adjusted a
• Wright Wurst & Co., Inc. v. Hill
  491 So. 2d 1274· Fla. 2d DCA· 1986-07-30 ·cited 2×
  Wright Wurst & Company appealed the dismissal of its foreclosure complaint against Vera Jean Hill, who received property via an unrecorded quitclaim deed reciting 'love and affection' as consideration. The court reversed, holding that under recent Florida Supreme Court precedent,
• Theadores W. Ross v. Chase Fed. Sav. & Loan Ass'n
  424 So. 2d 779· Fla. 3d DCA· 1981-06-30 ·cited 2×
• In re Determination of Homestead of Aaron Canada. John O. Long v. Cavage
  384 So. 2d 1356· Fla. 5th DCA· 1980-07-02 ·cited 2×
  The court reversed a summary judgment determining homestead status where the trial court had voided an inter-spousal conveyance of homestead property without evidence that the stated consideration was inadequate. The decision clarifies that recited consideration in a deed is pres
• Keebler v. Dep't OF Revenue
  360 So. 2d 77· Fla. 1st DCA· 1978-05-25 ·cited 2×
  The court reviewed whether documentary stamp tax on a deed given in lieu of foreclosure should be calculated based on the debt extinguished or the property's fair market value. The court reversed the Department of Revenue's determination that the tax should be based on the $865,0
• Barnhart v. Hickman
  435 F.2d 913· 10th Cir.· 1970-12-30 ·cited 2×
  A quitclaim deed conveying an heir's interest in property is valid even if the county court fails to recognize it in its final distribution decree, as the court's jurisdiction is limited to determining succession, not the legal effect of conveyances.
• Alvarez v. Bowden
  39 Fla. 450· Fla.· 1897-06-01 ·cited 2×
  Appellant Alvarez sought to enjoin appellee Bowden from selling real property under execution. The Florida Supreme Court reversed the trial court's dissolution of the injunction, finding the evidence insufficient to support a finding that Alvarez's deed from the judgment debtor w
• Toner v. Hubbard
  105 So. 2d 180· Fla. 3d DCA· 1958-07-17 ·cited 1×
  In this case, appellants Edwards and Toner challenged a trial court decree that upheld a 1951 deed of real property from Edwards to attorneys Hubbard and Carr as a valid conveyance (not a mortgage), and quieted title in the appellees. The appellate court affirmed, holding that su
• Barnhill v. Lowe
  940 So. 2d 462· Fla. 1st DCA· 2006-09-13
  The appellants, as heirs and personal representatives of Hereford M. Barnhill's estate, challenged a summary judgment awarding 122 acres of Florida property to Glen Edward Lowe. The court reversed, finding that 33 acres were never conveyed to Lowe's predecessor-in-title and that
• Indian River Orange Groves, Inc. v. Dickinson
  238 So. 2d 125· Fla. 1st DCA· 1970-07-21
  Indian River Orange Groves challenges a declaratory judgment requiring it to pay documentary stamp taxes on a deed received from its mortgagor in satisfaction of a defaulted mortgage debt. The court affirms, holding that the deed is subject to documentary stamp tax calculated on
• Grove View Ests., Inc. v. Comptroller
  32 Fla. Supp. 177· Leon Cty. Cir. Ct.· 1969-08-25
  Grove View Estates sought to enjoin the Florida Comptroller from collecting additional documentary stamp taxes on a deed transferring real property to the corporation in exchange for its stock. The court held that no additional tax was due because the consideration for the convey
• Beth W. Corp. v. Miami Beach Fed. Sav. & Loan Ass'n
  28 Fla. Supp. 128· Broward Cty. Cir. Ct.· 1966-03-24
  Beth W. Corporation sought to void a deed it executed to Windsor Properties, Inc., claiming lack of consideration, fraud, and that Windsor lacked corporate status. The court granted summary judgment for the mortgagees Miami Beach Federal and Rosalyn Rosenman, holding that Beth W.
• Blackwelder v. D'Ercole Enters., Inc.
  148 So. 2d 721· Fla. 3d DCA· 1963-01-22
  In this second appeal, the Florida District Court of Appeal reversed the lower court's dismissal of Mary Louise Blackwelder's suit seeking to enforce a deed to three lots as a mortgage. The court held that a $20,000 advance made on November 13, 1956 with a contemporaneous agreeme
• Ruby v. Bishop
  207 F.2d 84· 10th Cir.· 1953-08-19
  A life estate with a power of sale for beneficial use does not permit gratuitous disposition that extinguishes remaindermen's rights, but deeds conveying the subject matter without reference to the power are presumed to execute the power if inoperative otherwise.
• Jetter v. Haley
  143 Fla. 231· Fla.· 1940-05-24
  Elizabeth Jetter and her husband sought to void a quit claim deed they executed to Peter S. Haley, alleging they were deceived into believing Haley was the legitimate son and heir of Benjamin H. Haley. The Florida Supreme Court reversed the trial court's dismissal, holding that t
• Hazen v. Robinson
  123 Fla. 392· Fla.· 1936-03-13
  In this ejectment action, the Florida Supreme Court affirmed a jury verdict for the defendant upholding a challenge to a deed executed by an elderly widow on equitable grounds of lack of mental capacity and undue influence. The court found substantial evidence supported the jury'