Kahn v. Weinlander

Citations

• 39 Fla. 210

Syllabus

<p>1. In a contest between creditors of an insolvent debtor and the latter’s wife over real estate purchased in her name during the husband’s indebtedness, there must be clear proof that the purchase was made with the wife’s separate funds, otherwise the presumption is that it was through means furnished by her husband.</p> <p>2. The purpose of the act of 1838, providing that in the absence of provision therein the rules of practice in the courts of equity of the United States, as prescribed by the Supreme Court thereof, under the act of Congress of May 8, 1793, should be the rules of practice of the courts of the Territory of Florida when exercising equity jurisdiction, and when the rules of practice adopted by said court and the provisions of the act do not apply, the practice of the courts should be regulated by the practice of the High Court of Chancery in England, was to make the rules of practice adopted by the Supreme Court of the United States in the equity courts of the United States applicable in chancery causes in the courts of the Territory where provision was not made on the subject in said act, whether the rules provided for were adopted before or after the passage thereof.</p> <p>3. Subsequent to the act of 1838, referred to in preceding head-note, power was conferred upon the Supreme Court of this State to make rules of practice, pleadings and proceedings for the several courts of the State, and under the act of 1873, chapter 1938, rules of practice, pleadings and proceedings were adopted by the Supreme Court, most of which were in force when the present case was tried: prior to the adoption of said rules the Supreme Court of the United States, in 1871, made an amendment to rule 41, adopted by that court for the equity courts of the United States to the effect that if the complainant m his bill, shall waive an answer under oath, or shall only require an answer under oath with regard to certain specified interrogatories, the answer of the defendant, t