54 Fla. 495 | Fla. | 1907
— On March 16th, 1907 the complainant, a married woman, filed in the circuit court for Alachua county a bill in equity against L. M. McKinney alleging, in substance, that complainant is the .owner in fee simple and since January 1st, 1907, has been in possession of certain described timbered land in Alachua county, Florida; that complainant acquired said land by purchase from Ida E. Burnett and S. J. Burnett, her husband, on December 8, 1906; that on said date Ida E. and S. J. Burnett made and executed a warranty deed conveying said land to P. H. Baker, as manager, which deed was duly recorded December 10th, 1906; that said land is wild, uncultivated, unimproved and unoccupied; that while said conveyance of the land was made to P. H. Baker, as manager, yet in fact and in truth the said P. H. Baker, who is complainant’s husband, holds the title to said land in trust for complainant who is the real and true owner of the said land; that at the time complainant purchased said land there .was a lease of the pine timber situated thereon made and executed by S. J. Burnett and wife to the defendant herein, L. M. McKinney, for turpentine purposes; that said lease expired and ended on January 1st, 1907; that after said last day the defendant had no right or interest of whatsoever kind in or to the land or the timber situated thereon; that defendant has in his employ a large number of hands and laborers in the operation of his turpentine business in close proximity and near to said land;
On the application for temporary injunction the defendant filed a demurrer to the bill of complaint on grounds that: there is no equity in the bill and that the bill fails to show that complainant has an interest in the subject matter of the suit and title to sue concerning such subject matter. At the same time the defendant filed an answer, and the complainant filed a number of affidavits in support of the application.
The application for temporary injunction was denied on March 21st, 1907, and complainant took an appeal to the present term of this court assigning as error the order denying a temporary injunction upon bill, answer, demurrer and affidavits.
Sections 1723 and 2592 of the General Statutes of 1906, authorize a married woman to bring suits or actions for or concerning her real estate, without joining her husband or next friend.
Section 1919 of the General Statutes of 1906 provides that “courts of chancery shall entertain suits by any person claiming to own any timbered lands in this state to enjoin trespass on such lands by the cutting
While under the latter statute it is the duty of courts of chancery to entertain suits by any person claiming to own any timbered lands in this state to enjoin the trespassers stated in the statute, it is essential that necessary facts showing the basis of the claim to ownership of the land by the complainant be stated in the bill of complaint. It is incumbent upon a complainant in a bill in chancery seeking an injunction to allege, clearly and definitely, every fact that is necessary for the relief. The allegation of opinions or legal conclusions will not suffice. See Weeks v. Turner Lumber Co., 53 Fla. 793, 44 South. Rep. 173; Godwin v. Phifer, 51 Fla. 441, 41 South. Rep. 597; Johnson v. McKinnon, 45 Fla. 388, 34 South. Rep. 272. See, also, Cowen v. Skinner, 52 Fla. 486, 42 South. Rep. 730.
The bill of complaint in this case alleges that complainant purchased the land, is the owner in fee simple thereof, and since January 1st, 1907, has been in possession of it; that the grantors executed a warranty deed to P. H. Baker, as manager; that P. H. Baker is the husband of complainant; that in fact and in truth P. H. Baker holds the title to said land in trust for complainant; that complainant 'is the real and true owner of said land; that said land is wild, uncultivated, unimproved and unoccupied; that when complainant purchased the land there was a lease of the pine timber situated thereon, executed by complainant’s grantors to defendant for turpentine purposes; that said lease expired and ended January 1st, 1907, and the said defendant has no right or interest of whatsoever kind in or to the land, or to any of the -timber situated thereon.
The decree is affirmed.
Shackleford, C. J., and Cockrell, J., concur;
'Taylor, Hocker and Parkhill, JJ., concur in the opinion.