Barco v. Doyle

Citations

• 50 Fla. 488

Syllabus

<p>1. Where there are contradictory or inconsistent allegations in a bill, its equity will be tested by the weaker rather than by the stronger allegations.</p> <p>2. A bill to remove a cloud does not lie against a defendant alleged to have possessed himself of certain of the lands, to have leased others of them to other parties and to be otherwise attempting to exercise control of all the lands.</p> <p>3. A bill to; set aside a duly recorded satisfaction of a mortgage on the ground of mistake will not lie against one who purchased under execution sale against the mortgagor, where the mortgagor is not a party, and the purchaser is not shown to be connected with the satisfaction agreement or to have had other than the record knowledge thereof and the only mistake alleged is the reliance by complaint on a statement by the mortgagor and his attorney as to the non-existence of a public record of a judgment affecting the mortgaged property.</p> <p>4. A decree setting aside a mortgage satisfaction agreement and ordering a sale of the mortgagors interest in the mortgaged lands, under a proceeding to which the mortgagor is not a party, will be reversed.</p> <p>5. Where complaint after filing an original bill, an amended bill, an amendment to an amended bill and a second amended bill, fails to state a case, further amendment is not as of course, but in reversing the case the bill is ordered dismissed, without prejudice.</p>