Mcclinton v. Chapin

• Court: United States State Supreme Court of Florida
• Writing for the Court: SHACKLEFORD, C.J.
• Citation: 45 So. 35,54 Fla. 510
• Decision Date: 05 November 1907
• Parties: McCLINTON et al. v. CHAPIN et al.

45 So. 35

54 Fla. 510

McCLINTON et al.
v.
CHAPIN et al.

Florida Supreme Court, Division A.

November 5, 1907

Appeal from Circuit Court, St. Johns County; Rhydon M. Call, Judge.

Bill by Nathaniel McClinton and Mary McClinton against George H. Chapin and Mary Agnes Chapin, his wife. Decree for defendants, and plaintiffs appeal. Affirmed.

Syllabus by the Court

SYLLABUS

It is incumbent upon a complainant to allege in his bill every fact, clearly and definitely, that is necessary to entitle him to relief; and if he omits essential facts therefrom, or states such facts therein as show that he is not entitled to relief in a court of equity, he must suffer the consequences of his so doing.

A bill in equity must state facts, and not opinions or legal conclusions, and where fraud is relied upon the allegations or charges must be specific. In passing upon a demurrer to a bill every presumption is against the bill.

While a demurrer to the whole bill operates as an admission that all the allegations in the bill which are well pleaded are true, it is only such allegations so pleaded that are admitted by the demurrer. An allegation of fraud in general terms, without stating the facts constituting it, is insufficient, and a demurrer to the bill is not a confession of the fraud.

COUNSEL [45 So. 36]

[54 Fla. 511] Baker & Baker and Hudson & Boggs, for appellants.

W. W. Dewhurst, for appellees.

OPINION

SHACKLEFORD, C.J.

On the 4th day of October, 1905, the appellants filed their bill in chancery in the circuit court for St. Johns county against the appellees, which, omitting the purely formal parts, is as follows:

'Your orators, Nathaniel McClinton and Mary McClinton, of Jensen in St. Lucie county, Florida, bring this their suit against George H. Chapin and Mary Agnes Chapin, his wife, of Boston, in the state of Massachusetts, and thereupon your orators complain and say: On or about the first day of April, 1904, the defendant George H. Chapin entered into negotiations with your orator Nathaniel McClinton for the sale to your orator by said defendant of the following described land, lying in St. Johns county in the state of Florida: Lot six (6) of section six (6) of township eight (8), south of range thirty (30) east, according to the public surveys containing forty acres more or less; being the same lands described in deeds recorded in the Deed Books [54 Fla. 512] XX, p. 518, and No. 1, p. 188, St Johns county public records. Whereupon your said orator requested and demanded of said defendant an abstract of title to said land, and said defendant promised and agreed to furnish your orator with such abstract; but notwithstanding said promise the said defendant fraudulently failed, neglected, and refused to furnish to your said orator an abstract of title as promised, but said defendant did falsely and fraudulently represent to your orator that he, the said defendant, had a good and marketable title to said land and that the same was free of incumbrances, and that he, the said defendant, was then and there lawfully seised in fee simple of a good, absolute and indefeasible estate of inheritance of and in all and singular the above-described premises, with the appurtenances thereto, and that he had good right, full power, and lawful authority to grant, bargain, sell, and convey the same. And by such representations so made by said defendant, your orator was deceived and was induced to purchase the land hereinbefore described, and did purchase the same for a sum of fourteen hundred ($1,400) dollars, and of said amount your orator paid to the said George H. Chapin the sum of five hundred ($500) dollars, and promised to pay the further sum of nine hundred ($900) dollars as hereinafter more fully set out. Thereupon the defendants, George H. Chapin and Mary Agnes Chapin, did on the 13th day of April, 1904, execute and deliver to your orator Nathaniel McClinton, a warranty deed purporting to convey to your said orator the land hereinabove described. Said deed is now of record in St. Johns county, Florida, in Book of Deeds No. 7, on page 273. In and by said deed the said George H. Chapin did enter into a covenant with your said orator in the words and figures following, to wit: [54 Fla. 513] 'And the said party of the first part said George H. Chapin for himself and for his heirs, executors and administrators, does covenant, promise and agree to and with said party of the second part his heirs and assigns, that the said party of the first part at the time of the sealing and delivery of these presents is lawfully seized in fee simple of a good, absolute and indefeasible estate of inheritance, of and in, all and singular the above granted, bargained and described premises, with the appurtenances, and has good right, full power, and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid. And that the said party of the second part, his heirs and assigns,

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