Houston v. McKinney

Citations

• 54 Fla. 600

Syllabus

<p>I. In coming into a court of equity to get rid of a cloud upon title, the complainant must show, with clearness, accuracy and certainty the validity of his own title and the invalidity of the title of his opponent. In order to be relieved and to succeed in a contest of this character, the complainant must do so on the strength of his own title, and not on the weakness of the title of the defendant.</p> <p>2. The mere fact that M. H. is the step daughter of R. S., deceased, does not make her his heir at law. She is not a child of R. S. within the meaning of the statute of descent, section 2295, general statutes of 1906.</p> <p>3. The primary sense of “children” is off-spring, and that is the sense of relationship in which it is ordinarily used when the question of relationship is involved. It cannot be properly . held, when found in a statute or contract, to include step children.</p>