Moseley v. Taylor

Citations

• 68 Fla. 294
• 67 So. 95

Syllabus

<p>1. The will of a head of a family who died in 1886, residing in this State on eighteen acres of land which he attempted to devise by his will, was void under the Constitution of 1868.</p> <p>2. It is incumbent upon a complainant to allege in his bill every fact clearly and definitely that is necessary to enable him to relief, and if he omits essential facts therefrom, or states such facts as show he is not entitled to relief in a court of equity, he must suffer the consequences of his so doing.</p> <p>3. Where a deceased head of a family residing on eighteen acres of land in this State in 1886, when he died, attempted to devise his homestead to his widow, who continued to reside on it for three years, and where the widow conveyed the land to one of the two sons of the deceased husband on July 18th, 1908, who on November 24th, 190S, mortgaged the land to innocent parties without notice of facts which showed the land to have been the homestead of the deceased, a bill for partition of the said homestead land, filed by the other son of said deceased, against the mortgagees and Ms brother, for the partition of said eighteen acres of land as the alleged homestead of his father, twenty-seven years after the death of his father, -there being no previous notice to the mortgagees of such alleged homestead claim, is without equity, as the complainant is barred by his laches in asserting his alleged rights in said land.</p>