Peck v. Osteen

Citations

• 37 Fla. 427

Syllabus

<p>1. An exception to an answer which only alleges in general terms-that the answer contains inconsistent defenses, making no-specification whatever of the defenses supposed to be inconsistent with each other, is insufficient and should be overruled. It is not the duty of the court before which such a vague and' indefinite exception is filed to devote itself to the task of ascertaining the particular defenses which the pleader regards-as inconsistent with each other.</p> <p>2. Exceptions are allegations in writing stating the particular points. or matters with respect to which the complainant considers an answer insufficient, scandalous or impertinent, the matter excepted to should be distinctly specified. An exception must-not be too broad, and must not be taken generally to the-whole answer. If they are thus faulty they are properly overruled.</p> <p>3. The evidence in the case examined, and the salient portions summarized, whereupon it is held sufficient to show that a mistake-in description of an eighty-acre tract of land was made in the-execution of the mortgage sought to be reformed.</p> <p>4. This court is always reluctant to disturb the decree of a chancellor upon the facts, but will do so when the evidence clearly shows that the decree is erroneous.</p>