Lee v. Patten

Citations

• 34 Fla. 149

Syllabus

<p>RESULTING TRUST — RELIEF ON PRAYER FOR GENERAL RELIEF — ATTORNEY CAN NOT DISCLOSE CONFIDENCES OF CLIENT — LACHES—EVIDENCE. VARIANCE — COLLATERAL ATTACK ON JUDGMENT.</p> <p>t. Where G., being the owner of a military bounty land warrant, gave it to L. for the purpose of entering with it the number of acres of land that it called for, for the use and benefit of G. and L. entered the land with such warrant in his own name and took a patent thereto in his own name without the knowledge or consent of G.; and, in ignorance of the way in which such entry had been made, G. took possession of the land at or soon after such entry, and he and his alienees for many years thereafter, with the knowledge of L., exercised acts of ownership over the same; andL. during all that time asserted no adverse claim to or riarht therein; Held, That from such entry a trust, resulted in faver of G. and that L. acquired by such entry only the bare legal title, and held it in trust for the use and benefit of G. and his alienees; and, that, upon bill filed for that purpose, L. would be decreed to execute the legal title to said land to an alienee of G. who had succeeded to all of G’s. rights, therein.</p> <p>2. The well settled rule is that, although the complainant may not be-entitled to the relief specifically prayed for, he may, under the general prayer, obtain any other specific relief consistent with, the case made by the bill, and that does not conflict with the-relief specifically prayed.</p> <p>3. Where a written instrument offered in evidence by a complainant in a bill, contains enough to sustain the material substance-of a pertinent allegation of the bill in reference to it, it is admissible to sustain such allegation, even though such instrument varies, on its face, in an immaterial particular, from the description of it given in such bill.</p> <p>4. Where a judgment is not void on its face, and is rendered by a court having competent jurisdiction, the presumptions are all in favor o