40 Fla. 443 | Fla. | 1898
We think the court below.erred in. granting the final decree in this case. The bill called upon, the defendants not only in general terms, but by specific interrogatories to answer under oath, stating what consideration induced the execution of the deed alleged to be fraudulent; when and how it was paid; whether the deed had ever been delivered; and, if so, when,.where and who was present; whether Mrs. .Demorest or her husband knew of Mrs. Day’s indebtedness to Mrs. Witkovski or other persons at the time of its execution; and, in fact, to answer specifically each allegation of the bill, which sought to impeach the validity of the conveyance. The answers met these allegations fully, denying that the conveyance was voluntary, and that Mrs. Demorest had any knowledge of Mrs. Day’s indebtedness at the time of its execution, and asserting that the deed was executed in good faith, in pursuance of a purchase for a valuable consideration, actually paid, and averring the manner in which it was paid. The complainants having called for these answers under oath, are bound by them, unless overcome by the testimony of two witnesses, or by one witness and corroborating circumstances. Walter v. McNabb, 1 Heis. (Tenn.) 703; Culbertson & Reno v. Luckey, 13 Iowa, 12; Wright & White v. Wheeler, 14 Iowa, 8; Allen, Adm’r. v. Mower, 17 Vt. 61; Feligley v. Feligley, 7 Mad. 537, S. C. 61 Am. Dec. 375;
The decree of the Circuit Court is reversed, with directions to dissolve the injunction and dismiss the bill.