Raulerson v. Peeples

Citations

• 79 Fla. 367
• 84 So. 370

Syllabus

<p>1. Equity has jurisdiction to correct a mistake in a description of land in a deed and may enjoin a suit in ejectment against a party who has entered under a deed containing an erroneous description, where it is necessary to a proper defense to correct the description to show his right of possession; but will not enjoin such suit where the deed if corrected would constitute no defense in the ejectment suit.</p> <p>2. Under our statutes the widow may retain the dwelling house and improvements until her dower is assigned, which may be done upon her petition, or that of the heirs, as provided by the statute; but as to other land of which she is to be endowed, can only be ascertained by assignment; and she has no right of entry until assignment, and if the heirs bring ejectment she being in possession, she can make no defense under her claim of dower.</p> <p>3. A widow entitled to a dower interest in conveying by an instrument in the form of a deed all her interest in land in which dower has not been assigned, makes simply assignment of an equitable claim to have dower assigned; but such instrument confers upon- her grantee no right of entry at law.</p> <p>4. There must be a judgment for the plaintiff in ejectment before proceedings can be instituted by the defendant therein under the Act for the relief of occupying claimants. See. 1971 Gen. Stats. 1906.</p>