High v. Jasper Manufacturing Co.

Citations

• 57 Fla. 437

Syllabus

<p>1. Upon an application to dissolve a temporary injunction upon bill, answe'r and affidavits by the respective parties the chancellor must be governed by the weight of the evidence, and unless it clearly appears that the ruling upon such application is against the weight of the evidence, it will not be reversed on appeal. (44. Fla. 491; 45 Fla. 551.)</p> <p>2. A sale of timber standing on land is a contract concerning an interest in land within the meaning of the statute of frauds, and while a parol sale of standing timber may operate as a license to enter and cut trees, it is revoked by a sale ‘and conveyance of the land to a third person.</p> <p>3. Where a tract of land is the constitutional homestead of a head of a family residing in this State, and the owner is a married man, a deed executed by him alone does not convey any right, title or interest in the homestead real estate, and where upon application to dissolve a temporary injunction upon bill, answer and affidavit it appears that the deed was executed by the husband alone, and the answer alleges that the land described therein was at the time of the execution of such deed a homestead, and where the lands described are so located as to show they may have been part of a homestead of 160 acres, and the allegation is denied in a single affidavit on the part of the complainant, the ruling of the Circuit Judge dissolving the temporary injunction will not be disturbed on appeal.</p>