Briles v. Bradford

Citations

• 54 Fla. 501

Syllabus

<p>1. Where a bill is filed by the purchaser from the heirs of the real estate of a decedent, attacking an allotment to the widow of dower in said real estate, on the grounds that the statutory notice of the application for allotment was not given, and that the allotment was so defectively made as to be void, and when testimony has been taken on these issues and findings made in which the real meaning of the report of the commissioners is determined and a decree entered against the contention of the complainant, and when this court cannot discover that the circuit judge erred in his construction of the report of the commissioners, and the other evidence, his decree will not be disturbed.</p> <p>2. A court of chancery can only grant a complainant relief consistent with the allegations and prayers of his bill.</p> <p>3. Section 1950 of the general statutes of 1906, which was intended to enlarge the jurisdiction of the courts of chancery in quieting the title to real estate, if the section be otherwise constitutional, cannot be construed so as to impair the constitutional right of trial by jury.</p>