70 Fla. 178 | Fla. | 1915
The Interstate Lumber Company, a corporation, filed its bill in chancery against H. L. Fife, C. O. Hunter and N. J. Hunter, his wife, J. T. Blair and Daisy'Jones Blair, his wife, C. B. McLeod and Julia McLeod, his wife, S. A. Hinely and Mamie Hinely, his wife, J. P. Turner and Blanche Perry Turner, his wife, D. C. Malloy and Lessie May Malloy, his wife, and J. H. Malloy and Dona E. Malloy, his wife, whereby an injunction was sought to stay an action at law instituted against the complainant by H. L. Fife and to reform the descriptions in certain specified leases. The bill also contains the general prayer for relief. The defendant H. L. Fife, filed her answer wherein she denied material allegations in the bill upon which the complainant based its claim and right to relief, and also filed a demurrer, questioning the equities of the bill. The court made an order, denying the injunction, and subsequently rendered a decree, sustaining the demurrer and dismissing the bill as to the defendant, H. L. Fife. The complainant has entered its appeal from such decree and has assigned as errors the refusal of the injunction, the sustaining of the demurrer and the dismissal of the bill.
Very concisely stated the bill alleges that the Board of Education of the State of Florida, on the 20th day of
The bill also contains the following allegations:
“Your orator would further show unto your honor that heretofore, to-wit: on the 24th day of February, A. D. 1914, the said H. L. Fife instituted suit in the Circuit Court of Taylor County, Florida, on the common law side in an action of trespass for five hundred dollars damages, such trespass- being alleged to have been committed on the land described above as the southeast quarter of the northwest quarter and the northeast quarter of the southwest quarter of section sixteen in township four south of range eight east; that defendant understood and believed that the said suit was for the alleged cutting of trees and sapling's that were claimed to- be under size, to-wit: fourteen inches and under; that there was no bill of particulars attached to the declaration and defendant did not know that the plaintiff claimed the large timber or any interest therein; that the said plaintiff had never made demand for pay for any timber that was over fourteen inches but had demanded pay for timber that was fourteen inches and under; that on the morning of the 30th of September, A. D. 1914, defendant learned
Your orator would further show unto your honor that your orator and the officers, agents and employees of your orator had numerous and divers conversations with the said H. L. Fife, and that the said H. L. Fife knew that your orator claimed the timber upon this said land that was over fourteen inches and that the said H. L. Fife knew that your orator cut the said timber claiming the same and that the said H. L. Fife did not object, but allowed and permitted your orator to cut and remove the said timber and the said defendant is estopped from setting up such a claim and pretension.
Your orator would further show unto your honor that your orator knew this land as the Faulkner place and the timber as the timber on the J. M. Faulkner land, and that your orator did not notice the error and mistakes in the description of the land until recently and within the last five or ten days and that when your orator learned that the land was erroneously and incorrectly described your orator was surprised and your orator was also surprised at the contention of the said H. L. Fife, that she could recover for the said timber that was over fourteen inches upon the said land as the said H. L. Fife had made no demand for pay for the said timber and had not contended or claimed that the said
Your orator would further show unto your honor that the said H. L. Fife had a farm on this land above described and cultivates the same and has an enclosure thereon, and i-s in the possession thereof and that as such person in possession she has the right to sue for the cutting of the timber in a court of law and can recover damages for such cutting of the timber and it will be and become necessary for your orator to show the ownership of the timber under the reservation on the said deed of which exhibit ‘C is a copy; that a court of law is incompetent to correct mistakes and has no jurisdiction of the correction of mistakes and that if the said cause is allowed to g'o to trial at this term of court your orator will not be able to show its title to the said timber on account of the said errors and mistakes in the said lease under which your orator holds and claims the said timber and especially that above the limit and size of fourteen inches.
Your orator would further show unto your honor that your orator went upon the land above described and cut therefrom the timber that was over fourteen inches in diameter at the stump for saw mill purposes and has used the same under the leases above mentioned; that the limit of fourteen inches in the said reservation means, as your orator is advised and believes fourteen inches in diameter at the stump and that is the most favorable construction of the same for the defendant H. L. Fife.
Your orator would further show unto your honor that the case of H. L. Fife against your orator for the cutting of the timber upon the said land and for the pretended trespasses in the cutting of the said timber is now
As we held in Godwin v. Phifer, 51 Fla. 441, 41 South. Rep. 597, 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. This principle applies to all bills in equity, but is especially applicable to bills seeking an injunction, the rule being that the title or interest of the complainant and the facts upon which he predicates his prayer for such relief must be stated positively, with clearness and certainty. The bill must state facts and not opinions or legal conclusions.
We would also refer to Knight, Norman & Co. v. Turner Cypress Lumber Co., 55 Fla. 690, 45 South. Rep. 1016, wherein we fully discussed the principles of law applicable to the reformation of written instruments by a court of equity and what the bill should alleg'e. Testing the bill in the instant case by the principles enunciated in the cited case, it is obvious that such bill is fatally defective. See also the discussion and the authorities cited by the writer in his dissenting opinion in Crosby v. Andrews, 61 Fla. 554, 55 South. Rep. 57, 26 Ann. Cas. 420. We are clear that the complainant failed to make or state such a case in its bill as would warrant a court
Further discussion seems unnecessary. We think that the application for an injunction was rightly refused, the demurrer of Mrs. H. L. Fife to the bill properly sustained and the bill correctly .dismissed as to her, therefore the decree appealed from must be affirmed.
Taylor, C. J., and Cockrell and Ellis, JJ., concur.
Whitfield, J., absent.