Edmons v. Gracy
| Decision Date | 01 April 1911 |
| Citation | 61 Fla. 593,54 So. 899 |
| Parties | EDMONS v. GRACY. |
| Court | Florida Supreme Court |
Headnotes Filed May 3, 1911.
Appeal from Circuit Court, Alachua County; J. T. Wills, Judge.
Bill by Luther C. Gracy against Lewis Edmons. From an order overruling demurrer to the amended bill, defendant appeals. Affirmed.
Syllabus by the Court
Courts of equity may enforce the specific performance of contracts for the conveyance of real estate, owing to the nature and uses of such property, or may foreclose rights growing out of the contracts, when the application of principles of law to the facts and circumstances of particular cases warrant it.
Where a contract for the sale of land is in the form of a bond for title given by the vendor, conditioned on the performance of the vendee's promises, a court of equity may, upon a breach of the contract by the vendee, foreclose his rights thereunder, and, in granting appropriate relief, may at the instance of the vendor, who retained title, order a sale of the property, where it will not be inequitable to the vendee in possession.
COUNSEL W. S. Broome, for appellant.
Chris Matheson, for appellee.
The appeal herein was taken to an order overruling a demurrer to an amended bill of complaint, which in substance alleges that Gracy executed to Edmons a bond for title to described real estate; that Edmons took possession and made part payments then forfeited his rights by failing to complete the payments and to pay taxes and insurance on the property as agreed, and refuses to deliver possession to the complainant vendor who offers to perform his part. It is prayed that the contract of sale be foreclosed, that an accounting be had, and, upon failure of the vendee to pay, that the land be sold and the rights of the vendee therein foreclosed, and also that appropriate general relief be granted.
On the demurrer it is contended that the remedy at law is adequate, and that foreclosure is inappropriate, since the title remains in the vendor.
Courts of equity may enforce the specific performance of contracts for the conveyance of real estate, owing to the nature and uses of such property, or may foreclose rights growing out of the contracts, when the application of principles of law to the facts and circumstances of particular cases warrant it.
Where a contract for the sale of land is in the form of a bond for title given by the vendor, conditioned on the performance of the vendee's promises, a court of equity may upon a breach of the contract by the vendee foreclose his rights thereunder, and in granting appropriate relief may, at the instance of the vendor,...
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... ... Cas. 1912C, 735; Johnson v ... McKinnon, 54 Fla. 221, 45 So. 23, 13 L. R. A. (N. S.) ... 874, 127 Am. St. Rep. 135, 14 Ann. Cas. 180; Edmons v ... Gracy, 61 Fla. 593, 54 So. 899; Smith v ... Powell, 80 Fla. 166, 85 So. 654; Tampa & Gulf Coast ... R. Co. v. Mulhern, 73 Fla. 146, ... ...
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Schmidt v. Kibben
...relief may be shown by appropriate and sufficient evidence, it is error to sustain a general demurrer to the bill. Edmons v. Gracy, 61 Fla. 593, 54 So. 899, 900; Wells v. Williams, 80 Fla. 498, 86 So. Battey v. Battey, 92 Fla. 512, 109 So. 584; Hall v. Forman, 94 Fla. 682, 114 So. 560; Boon......
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... ... purchaser, and order a sale of the property on default by the ... purchaser to pay the amount decreed to be due. Edmons v ... Gracy, 61 Fla. 593, 54 So. 899; Aycock Lumber Co. v ... First National Bank, 54 Fla. 604, 45 So. 501; ... Schmidt v. Kibben, 100 Fla ... ...