Southern Lumber & Supply Co. v. Verdier

Citations

• 51 Fla. 570

Syllabus

<p>1. When the answer is confined to such facts as are necessarily required by the bill and those inseparably connected with them forming a part of one and the same transaction, it is responsive to the bill as well when it discharges as when it charges the defendant.</p> <p>2. When a cause is set down for hearing upon bill, answer and replication by agreement of the parties before the expiration of the three months allowed by the statute for the taking of testimony, the allegations of the answer responsive to the bill will be taken as true, but such allegations are to be considered according to their legal import.</p> <p>3. The rule as to making an answer evidence in favor of the defendants when a case is heard on bill, answer and replication requires that it should not only be responsive, but direct, positive and unequivocal.</p> <p>4. Purchases of real or personal property, made during coverture, by the wife of an insolvent debtor from him are justly regarded with suspicion, and she cannot prevail in contests between his creditors and herself, involving their rights to subject property so acquired to the payment of ' his debts, unless the presumption that it was not paid for • out of her separate estate he overcome by affirmative proof, and she must he held to full, clear and strict proof.</p> <p>5. In a suit to set aside a conveyance made by a husband to his wife as fraudulent, brought by his creditors whose claims existed at the date of such conveyance, the burden of proving that the consideration for the conveyance was bona fide and proportionate to the value of the land conveyed is upon the wife, and clearer and fuller proof is required than if the transaction had been between strangers.</p>