O'Neil v. Percival

Citations

• 25 Fla. 118

Syllabus

<p>1. Real estate purchased by a married woman and to whom a deed thereof is made is her separate legal property.</p> <p>2. When a married woman, who is the loga' owner of real estate, purchases with the consent and co-operation of her husband, materials to be used for the construction of improvements thereon, and the materials have been thus used, a court of equity may apply the rents and income of the property to payment for sue*1 materials and appoint a receiver for this purpose.</p> <p>3. Upon an appeal taken by a complainant from a filial decree dismissing a bill in equity, an interlocutory order adjudging certain of1 the defences urged against the bill to be insufficient will be reviewed at the instance of the defendants though they have not' appealed.</p> <p>4 A judgment dismissing an action at law as to one of the defendants therein because the court of law had no jurisdiction of the cause, and as to the other defendant on account of an improper joinder of defendants, is not a bar to a subsequent suit in equity brought to subject the property of the former defendant, a married woman, to the payment of the same cause of action. Such judgment at law is not a judgment on the merits of the plaintiff’s' claim as to either of the defendants.</p>