Adams v. Stringfellow

• Decision Date: 23 February 1926
• Citation: 91 Fla. 305,107 So. 633
• Parties: ADAMS et al. v. STRINGFELLOW et al.
• Court: Florida Supreme Court

107 So. 633

91 Fla. 305

ADAMS et al. v. STRINGFELLOW et al.

Florida Supreme Court, Division B.

February 23, 1926

Rehearing Denied March 24, 1926.

Suit by Willie Adams Stringfellow and her husband against Dorthy Adams and others, to cancel a deed and for partition. From a judgment overruling the defendants' demurrer to the complaint, defendants appeal.

Affirmed.

Syllabus by the Court

SYLLABUS

Though allegations of bill are abstract and in nature of asserted conclusions, if, under allegations, case entitling complainant to relief as prayed can be made by appropriate and sufficient evidence, general demurrer to complaint should be overruled; complaint to cancel deed held good on general demurrer. Though the allegations of a bill of complaint be abstract and general and largely in the nature of asserted conclusions, yet if, under the allegations, a case entitling the complainant to relief as prayed can be made by appropriate and sufficient evidence, a general demurrer to the bill of complaint should be overruled.

Appeal from Circuit Court, Marion County; A. V Long, Judge.

COUNSEL

H. M Hampton and Martin & Hocker, all of Ocala, for appellants.

Thomas W. Fielding and W. S. Broome, both of Gainesville, for appellees.

OPINION

BUFORD J.

The appellees filed a bill of complaint in the circuit court of Marion county, against the appellants, who were the defendants in the court below, seeking to cancel and to have declared void a certain deed made by Dorthy C. Edwards, on the 12th day of March, 1919, to Dorthy Adams, a minor conveying certain valuable property located in the city of Ocala, Fla., to have the deed declared null and void, and praying partition of the property described in the deed referred to.

The allegations of the bill upon which the complainants based their claim and relief are as follows:

'III. For many years prior to, to wit, January 19, 1919, the said Dorthy C. Edwards had made her permanent home, residence, and place of abode in Gainesville, Fla., with her only daughter, the complainant Willie Adams String-fellow, and her husband, T. B. Stringfellow. A few days prior to said January 19, 1919, to wit, on the 15th day of January, 1919, Fred Stringfellow, the oldest son of Willie Adams Stringfellow and T. B. Stringfellow, died, and his said parents were greatly stricken and grieved, and were suffering great mental anguish on said 19th of January, 1919. And on or about said January 19, 1919, the said R. T. Adams, the only son of Dorthy C. Edwards and the only brother of Willie Adams Stringfellow, and one Mary Boyd, the sister of said Dorthy C. Edwards, who then was visiting with and living in the family of said R. T. Adams, represented to Willie Adams Stringfellow that, because of her great mental suffering, grief, and stricken condition, brought about because of the death of her oldest son as aforesaid, it would be better for her to be relieved, for a time, of the care of her said mother, the said Dorthy C. Edwards, and the said R. T. Adams stated that he would take his said mother, the said Dorthy C. Edwards, to vist with and stay with him in his home in Ocala, Fla., for a brief period of time. And so, on or about said January 19, 1919, the said Dorthy C. Edwards left her home in Gainesville, Fla., where she was living, and had for years lived, with her daughter, the said Willie Adams Stringfellow and her husband, T. B. Stringfellow, and went to the home of R. T. Adams, her only son, in Ocala, Fla., and complainants understood and believed that she (the said Dorthy Edwards) had gone to the home of said R. T. Adams only for a brief visit and temporary stay.

'IV. Complainants showeth that for several years prior to March 12, 1919, the said Dorthy C. Edwards had been ill, and she was a constant sufferer from nervous and mental diseases and disorders; and she had been under treatment for such nervous and mental diseases and disorders for a long time prior to March 12, 1919, and she had for several years, to wit, for more than two years, been in a hospital in Richmond, Va., where she was treated for nervous and metnal diseases and disorders. As time passed, the condition of the said Dorthy C. Edwards grew worse, and for many years prior to said March 12, 1919, her mind kept growing more weak, in so much so that on that said date, March 12, 1919, her mind had become so impaired that she was esaily influenced and guided, and almonst at will influenced and guided by any member of her family with whom she was closely associated, and she was then hardly capable of exercising independent will or judgment. She was an affectionate mother, and had much confidence in her children, and she was greatly influenced by and almost entirely guided by her children, and especially her son, the said R. T. Adams. And on the said 12th day of March, 1919, the said Dorthy C. Edwards was in the home of her only son, the said R. T. Adams in Ocala, Fla., and there also then was her sister, the said Mary Boyd, visiting with and living in the family of said R. T. Adams, in Ocala, Fla.; and the said Dorthy C. Edwards then was, on March 12, 1919, closely associated with her said son, the said R. T. Adams, and his family and the said Mary Boyd, the sister of Dorthy C. Edwards, and she was living in the home of the said R. T. Adams on said date, and the said R. T. Adams and his family and the said Mary Boyd were the associates and constant companions of said Dorthy C. Edwards on March 12, 1919. And on said day, and for many days prior to March 12, 1919, the said Dorthy C. Edwards was under the controlling influence of her said son, the said R. T. Adams, and of his family, including said Mary Boyd, the sister of Dorthy C. Edwards. And the said Dorthy C. Edwards was about the age of to wit, 65 years, on said March 12, 1919, and her mental infirmities had so progressed and her mind was so weak and unsound at that date that she was in subjection to influence of the mind and the will of the said R. T. Adams, and of his family, including the said Mary Boyd, the sister of said Dorthy C. Edwards.

'V. That the said Dorthy C. Edwards went to the home of her son, the said R. T. Adams, on to wit, January 19, 1919, and she had been there in the home of the said R. T. Adams for a period of less than 60 days on the 12th of March, 1919. And on the said 12th day of March, 1919, the said Dorthy C. Edwards, while living in the home of her son, the said R. T. Adams, and his family, as before stated in this bill, and while under the influence and control of and in subjection to the influence of mind and will of said R. T. Adams and his family, as aforesaid, by her pretended deed of that date, to wit, March 12, 1919, pretended to convey to Dorthy Adams, 'a minor of the age of 10 years, being the daughter of Robert T. Adams and wife,' all of the land that is described in the second paragraph in this bill, and all the personal property, fixtures, etc., that are mentioned in the said pretended deed, a certified copy of which pretended deed is attached to this bill and is made a part hereof and is marked 'Exhibit A.' And by that said pretended deed the said Dorthy C. Edwards pretended to reserve to herself a life estate in said property therein described. By that said pretended deed the said Dorthy C. Edwards divested herself of practically all the estate and property that she then owned, which estate and property was then and now is of the value of

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