Rosalie G. Wilson v. L. F. Rooney Book Reviews

Rosalie G. Wilson v. L. F. Rooney by Second District Court of Appeal of Florida Book Summary

The appellant, plaintiff below, brought a suit in chancery against the appellee, defendant below. The plaintiff, in her bill, sought to have a house in the name of the defendant declared to be hers, accounting be made by the defendant for the approximate amount of $48,000, and a money decree be entered against the defendant for the living expenses of plaintiff during her normal life expectancy. To this bill, defendant filed an answer generally denying the allegations in the complaint and, in some instances, explaining the various allegations in the complaint. He also filed counterclaim wherein he sought recovery for the use of the house by plaintiff. The evidence is voluminous and consisted of taking testimony before the trial court, taking depositions, and filing exhibits. By his final decree the Chancellor found that the house in question is the property of the defendant and that the plaintiff has no right, title or interest in same. The decree also found that the plaintiff is wrongfully withholding from the defendant the possession of the house and has wrongfully withheld possession from a certain date and that the use value of the premises occupied by the plaintiff is $350 a month. He also found that the furniture, which was sold to the defendant by the plaintiff by bill of sale is the property of the defendant. In conclusion the Chancellor found that the equities in this case are with the defendant and that the plaintiff is not entitled to any relief prayed for and further, that the defendant was entitled, on his counterclaim, to the sum of $3,500, as the use value on the house from a certain date and the further sum of $350 for each thirty-day period that the plaintiff continued to occupy the same. The Chancellor, by a separate order, taxes the costs against the plaintiff. Included in the order is an item of $173.25, representing the amount paid to a court reporter for taking the deposition of the plaintiff. From this decree, and the findings of the Chancellor, the plaintiff appeals.

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