Shone v. Bellmore

Citations

• 75 Fla. 515
• 78 So. 605

Syllabus

<p>1. A demurrer addressed to the entire bill of complaint will be overruled if the bill contains' ány equitable ground 'or basis for the relief sought.</p> <p>2. A demurrer to a bill in equity operates as an admission that all such matters of fact as are well land .sufficiently.pleaded in the bill are true, but allegations of law are not admitted by the demurrer.</p> <p>3. A head of a family who is the owner 'of a homestead cannot by his will bar the interest of his wife land children .in the homestead.</p> <p>4. A posthumous child of a man who is the owner of a homestead in this State is included among the heirs to whom the exemptions provided by Article X of the Constitution inure.</p> <p>5. An allegation in a bill of complaint that the deceased was at the time of his death the owner of certain Ijands lying in a body, which with his wife he occupied as their homestead is sufficiently certain to present an issue as to whethér the land occupied by the -deceased at the time of his death was his homestead.</p> <p>6. The mere platting 'of land, not within the limits of an incorporated city or town, and sale of lots according to such plat, which land is owned by the head of a family and occupied by them as t&eir homestead does not destroy its character as a homestead nor conclusively show an abandonment of the homestead by the owner.</p>