Forehand v. Peacock
| Citation | 77 So.2d 625 |
| Parties | Sarah M. FOREHAND, Appellant, v. Bernice PEACOCK, Appellee. |
| Decision Date | 28 January 1955 |
| Court | United States State Supreme Court of Florida |
Cecil A. Rountree, Chipley, for appellant.
James N. Daniel, Chipley, for appellee.
Appellant, plaintiff below, was 71 years of age and the mother of defendant below, who is appellee here. In 1947 W. D. Marlow and wife conveyed to plaintiff and defendant one-fourth of an acre of land as tenants in common. Two and one-half years later the parties executed an agreement in which it is recited that they intended to take title under said deed as 'joint tenants or as an estate by the entireties' so that in case of the death of either the survivor would become the owner of the property. The land cost $600 of which $500 was paid by plaintiff and $100 was paid by defendant. When purchased there was a one-room house on the land, a second room was added at cost of $300 which was paid by plaintiff. A second house was built on the land at a cost of $2,300, $2,200 of which was paid for by funds of the plaintiff and $100 was paid by defendant.
When this property was acquired it was agreed that plaintiff would live on it as her home the balance of her life, rent free. This was apparently a parol agreement. Soon after it was made and plaintiff moved on the property, defendant and her husband began going to the place and demanded rent from plaintiff, quarrelled and fussed with her, mistreated her, called her vile names and raised hell with her so passionately that she was compelled to leave the place. She instituted this suit by amended complaint, praying that the rights of the parties be adjudicated in said lands, that an appropriate attorney's fee be awarded and for other relief. The bill was dismissed and this appeal and prosecuted.
Appellee contends that the decree appealed from should be affirmed because of the agreement made by the parties and outlined in the forepart of this memorandum. The basis of this contention is that the oral agreement for appellant to live on the land was superseded by the agreement to hold the land as tenants by the entireties and that the latter controls.
At the outset it may be asserted that there is no such thing recognized in law as an estate by the entireties other than that authorized between man and wife. The attempt of the parties to create such an estate between the mother and daughter, therefore, failed of its purpose. We think, however, that while the instrument dated...
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Bucacci v. Boutin
...to profit from the waiver, especially where that party does not appear before the court with clean hands herself. See Forehand v. Peacock, 77 So.2d 625 (Fla.1955) (holding that joint tenant who had agreed orally to waive her right to partition during her lifetime could seek dissolution of h......
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Condrey v. Condrey
...may be waived, or one may be estopped to enforce the right by an agreement not to partition either express or implied. Forehand v. Peacock, Fla.1955, 77 So.2d 625; Martin v. Martin, 1897, 170 Ill. 639, 48 N.E. 924; Odstrcil v. McGlaun, Tex.Civ.App.1950, 230 S.W.2d 353; Rowland v. Clark, 194......
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Welborn v. Henry
...the common law is apparently good. 41 C.J.S. Husband and Wife § 31c (1944); 26 Am.Jur. Husband and Wife §§ 70 & 87 (1940); Forehand v. Peacock, 77 So.2d 625 (Fla.1955). For many years there has been a statute in our State dealing with this problem, and it now appears as Mississippi Code 194......
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Karoff v. Karoff
...for appellant. Schlissel & Scher, Miami Beach, and Louis Schneiderman, Miami, for appellee. PER CURIAM. Affirmed. See Forehand v. Peacock, Fla.1955, 77 So.2d 625. Cf. Little River Bank & Trust Company v. Eastman, Fla.App.1958, 105 So.2d HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., co......
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Partitioning real property in dissolution of marriage actions and suits between unmarried co-tenants: credits, setoffs, ouster, division, and sale.
...burdensome for the complaining party to live by a contract, an agreement not to partition can be set aside. In Forehand v. Peacock, 77 So. 2d 625 (Fla. 1955), the parties agreed to allow a cotenant's mother to live on her property rent free for life when the property vested title to her dau......