Szabo v. Speckman

Citations

• 73 Fla. 374

Syllabus

<p>1. Where a bill for partition does not in terms allege specifically the quantity and proportionate share held by each person interested in the lands sought to be partitioned, it will nevertheless be held sufficient on' demurrer if the allegations are sufficiently clear to enable the court to adjudicate fully the rights and interests o'f the parties and the quantity and proportionate share, held by each in the lands.</p> <p>2. A bill for partition is not necessarily multifarious because there may be united in it several causes of action, if they grew out of the same transaction and all the defendants are interested in the same rights, even although the subject-matter of the controversy may be encumbered with conflicting claims, if the objection does not appear to be so grave as to interpose an obstacle to the proper administration of justice.1</p> <p>3. A court of equity taking jurisdiction of a cause for one purpose will proceed' with the determination of all matters presented, tyhere the purpose for which the court takes jurisdiction is the principal relief sought, and the other matters are incident -thereto. •</p> <p>4. Under the provisions' of Chapter 6907, Laws of 1915, affirmative matter averred in an answer to a bill in chancery if deemed to be insufficient should be met by motion to strike such averments.</p> <p>5. A gift causa mortis to be valid should be made in contemplation of the near approach of death from danger then impending. There should be actual or constructive delivery of the thing given, or the means of getting possession or enjoyment of it.</p> <p>6. A valid gift causa mortis of money on deposit in bank which is not a savings account, and which is subject to the depositor’s , check, cannot be made by delivery of the depositor’s bank book merely.</p> <p>7. A valid gift causa mortis of a stock of goods contained in a store room .may be made by delivery of the key to suck store room to the doñeé or his agent.</p> <p>8. It is error to sustain ex