The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-09-16
HRA D-NOTEs TO DECISIONS OF TH Y
SUPRKME COURT o. FLORIDA.


G. E. Crawford & Co., Appellants, vs. E ]. Gam
BILE ct al, Appellees-Jackson county.
MCWHoRTER, G. j.:
l. A bill in equity which seeks TO subject
property of q married woman to the payment of
debt for money loaned and goods sold her dur
ring coverture, should disclose whether she held
the property by a legal right, as her "separaie
statutory property" or by deed creating in her
an equitable separate estate"
2. In the former case, the laws regulating the
mode in which a married woman can dispose oI
or charge her separate properly would apply IT,
any attempted disposition or effort to charge il
by her, in the latter the deed creating it would
furnish the only method by which it could he
disposed of or charged, provided such method
was not in contraventiOn of law.
3. When a bill filed for the purpose mentioned
In first head note does not show by which of the
above mentioned tenures she holds the property
demurrer thereto should be sustained
A. Merchandise purchased by married wo-
man who is conducting mercantile business in
her own name is her separate statutory property.
Affirmed. 8
Liddon & Garter, for Appellants; John W.
Malone, for Appellees
William K. Lente, Appellant, vs.. Brent L. Clark,
Administrative, Appelle-Hernando county.
RANEY, j.:
l. Where defendant, after appearing special
ly and obtaining an order setting aside the ser
vice OF an original process submits the cause for
decision on demurrer to the bill, such submis-
sion constitutes voluntary appearance, and
gives the court jurisdiction of the person.
& decree pro cOnfeSsO cannot be entered un
der the rules OF chanccry practice in this State
for the want OF an appearance OF The defendant,
but only for a failure to file demurrer plea or
answer
g. A decree pro cOnfesso cannot he entered on
the rule day to which Il subpoena has been per
sonaly served is returnablc, and on which the
appearance is due, nor until the next succeeding
rule day.
NO bill OF exceptions nor formal noting of
exceptions to the orders appealed from held to
be necessary to enable the appellant to obtain a
review OF them on appeal. An entry in the low
court of an appeal from such orders and Il due
prosecution thereof Is sufficient
.. Neither seal subscribing witness is
necessary to The validity of an agreement "r con
tract for the sale of land, or the note or memo
randum thereof under the Statute of Frauds
g. An agreement for the sale "fland under the
Statute OF Frauds will he held sufficient rs to its
description of the land to be conveyed if il So
describes particular piece tract OF land that
ii can be Identified located, or found.
detailed description is not necessary here the
description shows that particular irtct is with
in the minds of the contracting parties and in
tended to be conveyed, paro evidence may he
TcsoTteu 10, W Apply llc ucSCIlption or lu'HIil
the tract, though snch description abe some
what general.
T. The following agreement a. agree To
make good titles in fee to my forty near the
Garrison lands in fernando county, To VIM. X.
Lcn,e Consideration $500; received. Thomas
w. Clarke, witness NJ. p. O'Neal," held to con
tain a sufficient description.
g. The expression forty" as commonly used
in this State in describing lands, defined
8. Where upon its face the agreement t" con
vey the description of the land is sufficient, but
the TACT may be that the defendant or party to
convey, has more than one tract answering the
description, and thus the description may be
rendered indefinite and insufficient, it is not
necessary for the plaintiff TO aege in the bill for
specific performance, that the defendant has only
one tract answering the description but the bur
den is upon the defendant to set up in his an
swer and prove his ownership of two such
tMcts.
Decree reversed
Benjamin NJ Miller, for Appellant A.
Paterson for Appellee.