Inchoate Right Of Dower

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

• Key v. Alexander
  91 Fla. 975· Fla.· 1926-05-20 ·cited 85×
  O. K. Key contracted to purchase land from D. H. Alexander for $1,750, paying $100 upfront with $1,650 due in 30 days. When Key tendered the full amount and demanded conveyance, Alexander refused, claiming his wife would not execute the deed. The Florida Supreme Court reversed th
• Walker v. Close
  98 Fla. 1103· Fla.· 1929-12-28 ·cited 79×
  Walker sought rescission of a land purchase contract due to defective title and failure to install promised improvements. The Florida Supreme Court reversed the lower court's dismissal of the bill of complaint, holding that the covenants were dependent and that the vendee could r
• Ryan v. Ryan
  277 So. 2d 266· Fla.· 1973-03-30 ·cited 59×
  Florida's Supreme Court upheld the constitutionality of Florida's new no-fault dissolution of marriage law (effective July 1, 1971), which replaced traditional fault-based divorce grounds with a single ground: that the marriage is irretrievably broken. The Court rejected challeng
• Gore v. Gen. Props. Corp.
  149 Fla. 690· Fla.· 1942-03-13 ·cited 51×
  This case concerns a breach of covenant against encumbrances in a warranty deed. The court determined that an inchoate right of dower constitutes an encumbrance and that a cause of action accrues immediately upon delivery of the deed if such an encumbrance exists. The appeal focu
• R. J. Foxworth and his wife v. Maddox
  103 Fla. 32· Fla.· 1931-10-09 ·cited 31×
  A homebuyer who had failed to pay the full purchase price under a bond for title sought specific performance to compel a conveyance of Florida land after making subsequent partial payments under a lease-purchase agreement. The court reversed the trial court's decree requiring con
• Weir v. United States
  339 F.2d 82· 8th Cir.· 1964-12-09 ·cited 25×
  The court held that the district court did not err in refusing to set aside the execution sale because the appellant waived his rights by failing to exercise them and the sale price was not unconscionably low. Furthermore, the appeal from the denial of the untimely motion for a n
• Beacham v. Carr
  122 Fla. 736· Fla.· 1936-01-06 ·cited 21×
  Beacham sought to remove a cloud on title to Cowan's property by canceling a mortgage, claiming the loan transaction involved usury. The court held that despite the note being indorsed without recourse, the lender Carr could not escape Florida usury laws through formal indorsemen
• Ineyll Coleman v. Davis
  106 So. 2d 81· Fla. 1st DCA· 1958-10-28 ·cited 20×
  Coleman, the widow of a deceased intestate, appealed a decree assigning her dower rights in real property conveyed by her husband to Davis without her joinder. The court reversed, holding that equity courts lack jurisdiction to assign dower except as incident to other equitable r
• Reuben S. Williams v. Pichard
  150 Fla. 371· Fla.· 1942-04-10 ·cited 16×
  Plaintiff brought an ejectment action against defendants claiming title to adjoining lots in Leon County, Florida, based on both common source of title and adverse possession. The Florida Supreme Court reversed the trial court's judgment because the court erroneously allowed the
• Serkissian v. Newman
  85 Fla. 388· Fla.· 1923-04-10 ·cited 16×
  Fred P. Serkissian appeals a partition decree awarding B.B. Newman a seven-eighths interest in land based on the widow's alleged election to take a child's part in her deceased husband's estate. The Florida Supreme Court reverses, holding that the widow's election to take a child
• Liberis v. Carmeris
  107 Fla. 352· Fla.· 1932-12-05 ·cited 15×
  A Florida Supreme Court case concerning breach of a land sale contract where the vendor failed to deliver marketable title. The court held that when a vendor acts in bad faith or lacks good faith, the vendee may recover full compensatory damages including the value of the bargain
• The Est. OF Encarnacion Luaces De Garcia v. Garcia
  399 So. 2d 486· Fla. 3d DCA· 1981-06-09 ·cited 10×
  The Estate of Encarnacion Luaces De Garcia appeals a summary judgment that granted her surviving husband, Carlos Garcia, an elective share of her estate despite an antenuptial agreement executed 23 years earlier in which he waived claims to her property. The court holds that a wa
• Woodruff v. Taylor
  118 So. 2d 822· Fla. 2d DCA· 1960-03-23 ·cited 10×
  A complaint to quiet title must allege sufficient facts to present a justiciable matter, showing the plaintiff's title and the existence and invalidity of a cloud on that title.
• Holcomb v. Holcomb
  209 F.2d 794· D.C. Cir.· 1954-01-07 ·cited 10×
• Mrs. Mallie Neal v. McMullian
  98 Fla. 549· Fla.· 1929-10-03 ·cited 9×
  This case concerns a wife's attempt to enjoin the use of her husband's land for a turpentine farm, based on her inchoate right of dower. The court held that an inchoate right of dower does not grant the wife the power to enjoin her husband's lessee during his lifetime.
• Gen. Props. Corp. v. R. H. Gore for R. H. Gore Co.
  153 Fla. 236· Fla.· 1943-06-29 ·cited 7×
  General Properties Corporation appeals a jury verdict holding it liable for breach of warranty covenants when it conveyed Florida real estate without disclosing the seller's dower-encumbered marital status. The court affirmed the verdict, holding that the seller's prior admission
• Mayer v. Reinecke
  130 F.2d 350· 7th Cir.· 1942-06-23 ·cited 6×
  The value of a surviving widow's dower and statutory one-third interest in personalty is includible in the decedent's gross estate for federal estate tax purposes, as these interests are created by state law and are subject to estate administration charges.
• Lavine v. Skipper
  349 So. 2d 808· Fla. 1st DCA· 1977-09-12 ·cited 4×
  Ms. Skipper appealed a judgment in her direct action against her covenantors for breach of an encumbrance, challenging both the damages award and the denial of attorney's fees. The court affirmed the judgment, holding that while attorney's fees may be recoverable in separate acti
• Creary v. In re the Est. of William Clifford Creary
  338 So. 2d 26· Fla. 1st DCA· 1976-07-19 ·cited 4×
  Widow Mabel Creary claimed an inchoate right of dower in her deceased husband William's remainder interest in his father's homestead, which William had conveyed without Mabel's joinder. The court held Mabel had a valid dower right that was not barred by statutory limitations and
• In re Est. of William W. Hiley
  262 So. 2d 476· Fla. 4th DCA· 1972-04-24 ·cited 4×
  This appeal addresses two issues regarding dower rights: whether a widow's election to take dower vests before actual assignment of property, and whether standard warranty deed language divests a widow of dower in property held as a tenancy by the entireties. The court held that
• Pingree v. DeHaven
  90 Fla. 42· Fla.· 1925-06-17 ·cited 4×
  The Florida Supreme Court affirmed a lower court's decision that a widow's dower claim was barred by laches. The court found that the widow's seventeen-year delay in asserting her claim after her husband's death and the sale of the property, coupled with her failure to defend the
• Lauer v. Wilson
  355 So. 2d 187· Fla. 1st DCA· 1978-02-15 ·cited 2×
  Wives who gratuitously execute a warranty deed to their husbands' property, without misrepresentation and without independent contract, are not liable on the covenants of warranty.
• Brun v. City OF W. Palm Beach
  227 So. 2d 347· Fla. 4th DCA· 1969-09-24 ·cited 2×
  In an eminent domain proceeding where the City of West Palm Beach condemned land owned by A. G. Dal Brun, the court held that a wife's inchoate right of dower is extinguished when land is condemned, and she has no interest in the condemnation proceeds. This affirms the majority r
• Ozella O. Montague v. Kunzig
  442 F.2d 1230· D.C. Cir.· 1971-01-18
  The court held that the plaintiffs' claims were barred by the statute of limitations and that the Reconstruction Finance Corporation had the authority to condemn fee simple title to the property.
• Roella Harper Gormley v. Gormley
  187 So. 2d 676· Fla. 1st DCA· 1966-06-14
  Roella Harper Gormley appealed the dismissal of her declaratory relief action challenging a postnuptial agreement she signed with her husband, Michael Bernard Gormley, who later became mentally incompetent. The court reversed the dismissal, holding that the complaint sufficiently
• Grantham v. Wiley Grantham, Sr.
  168 So. 2d 337· Fla. 1st DCA· 1964-10-29
  The court held that the complaint and evidence were insufficient to support cancellation of the deed based on fraud, but sufficient to support foreclosure of the vendor's lien due to non-payment.
• Weston v. Stuckert
  329 F.2d 681· 5th Cir.· 1964-04-08
  The court held that the district court did not err in finding the conveyance of land was valid for fair consideration and that no trust arose.
• Nell M. Leonardo v. Leonardo
  251 F.2d 22· D.C. Cir.· 1958-01-09
  A conveyance for grossly inadequate consideration, lacking explanation for badges of fraud, is void as against a wife's inchoate dower rights, even if the deed was delivered before marriage.
• In re Est. of L. v. Hester
  158 Fla. 170· Fla.· 1946-12-03
  A widow is not entitled to dower in lands sold during her husband's lifetime by virtue of a judgment against him, as the sale extinguishes any potential dower right before it accrues.
• Pearson v. Bankruptcy
  123 Fla. 521· Fla.· 1936-03-30
  Rosa M. Pearson sought to foreclose a mortgage originally held by the Bank of Alachua against lands once owned by her bankrupt husband. The Florida Supreme Court reversed the lower court's decree, holding that Rosa validly purchased the note and mortgage from the Bank for $2,500