Douglass v. Stephens

• Decision Date: 08 February 1911
• Citation: 54 So. 455,61 Fla. 589
• Parties: DOUGLASS et al. v. STEPHENS.
• Court: Florida Supreme Court

54 So. 455

61 Fla. 589

DOUGLASS et al. v. STEPHENS.

Florida Supreme Court, Division A.

February 8, 1911

Appeal from Circuit Court, Taylor County; B. H. Palmer, Judge.

Bill by Elizabeth Stephens against George T. Douglass and others. Decree for complainant, and defendants appeal. Reversed.

Syllabus by the Court

SYLLABUS

Where a husband deserts his wife, and makes a homestead entry under the United States statutes, and the final proofs are made by and the patent to the lands is issued to, the guardian of the entryman's illegitimate children after his death, the widow has no equity to have a trust in the homestead decreed in her favor, where she did nothing to aid in acquiring the rights allowed by the statutes.

COUNSEL Thomas B. Adams, for appellants.

W. B Davis, for appellee.

OPINION

WHITFIELD C.J.

The amended bill of complaint herein brought by Elizabeth Stephens against George T. Douglass, as guardian, and Allen Stephens and Robert Stephens, minors, alleges in substance that Henry Stephens and the appellee Elizabeth Stephens were lawfully married in June, 1878, and lived together as man and wife till December, 1891, when Henry left his wife in Madison county, Fla., and went to Taylor county, Fla., where he lived and cohabited with Minnie Leggett, and two children, the defendants Allen Stephens and Robert Stephens, were born to them; that Minnie Leggett and Henry Stephens both died March 10, 1903; that complainant, Elizabeth Stephens, did not know of the whereabouts of her husband, Henry Stephens, till about January 1, 1906, when she heard of his life and death in Taylor county; that prior to the death of Henry Stephens the complainant was his wife, and had not been divorced from him and since his death has remained his widow; that prior to his death Henry Stephens made an enrry under the homestead laws of the United States of certain described lands; that on October 1, 1903, George T. Douglass was appointed guardian of Allen Stephens and Robert Stephens, the minor children of Henry Stephens and Minnie Leggett, and thereafter, as such guardian, made final proof and completed the homestead entry of Henry Stephens, upon which a patent covering the lands to Douglass as such guardian was issued; that on December 28 1905, the said George T. Douglass leased the timber on the land, for which $640 was received by Douglass; that at the death of Henry Stephens the complainant, Elizabeth Stephens, as his widow, was entitled under the laws of the United States to make and perfect the homestead entry of the said Henry Stephens in and to the said lands; that complainant knew nothing of the homestead entry by Henry Stephens until about July 1, 1907; that complainant is and has all her life been a citizen and resident of the United States; that the complainant is willing and ready to compensate the said guardian and the minor children of Henry Stephens for outlays in perfecting the homestead entry. The prayer is that a trust be decreed and for other appropriate relief. The bill of complaint was demurred to on the following grounds:

'(1) That complainant's bill shows no equitable right to the lands in question superior to defendant's legal title.

'(2) That the supposed equities in favor of complainant are alleged as mere conclusions of law, without facts to support such conclusions.

'(3) Said bill does not show that complainant has ever complied with the statutes of the United States, so as to entitle her to a patent to the lands described in said bill.

'(4) Said bill does not show that the statutory conditions

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