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97 Fla. 198

120 So 319

Crandall v. Owen

Supreme Court of Florida

Decided February 13, 1929

Supreme Court of Florida · decided 1929-02-13

Relies on Farrell v. Forest Investment Co. · Murrell v. Peterson · Craft v. Craft

Good law ✅— No negative treatment on recordhow we know

Decided 1929-02-13

How this case has been cited

Cited by 4 later decisions — most recently December 1961

4 state decisions

2019291930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Terrell, C. J.

¶1 The bill of complaint herein prays that a trust be decreed on certain lands in. Dade County, more specifically therein described and that an accounting be had between appellee as complainant below and appellants as defendants below. A demurrer to the bill was overruled and appeal was taken from that order.

¶2 The sole question raised by the demurrer is that the bill is multifarious. •

¶3 We think the bill was amenable to the assault made on it. It is shown that it involved two separate and independent transactions in which the parties were in part different and in which the subject matter was entirely different. This court has frequently expressed itself on the question of multifariousness. We do not see that further discussion of that subject would serve any useful purpose. Murrell v. Peterson, 57 Fla. 480, 49 So. R. 31; Farrell v. Forest Investment Co., 73 Fla. 191, 74 So. R. 216; Craft v. *199 Craft, 74 Fla. 262, 76 So. R. 772; Arcadia Mercantile Co. v. Branning, 59 Fla. 428, 52 So. R. 588.

¶4 The decree below is therefore reversed.

¶5 Reversed.

Ellis and Brown, J. J., concur. Whitfield, P. J., and Buford, J., concur in the opinion and judgment.
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