C. C. Morgan v. Bradley L. Eaton

TAYLOR, J. -- The appellees filed their bill in equity in the circuit court of Duval County for the specific performance of a contract for the purchase from them by the appellant of divers tracts of land situated in DeSoto county, Florida. The bill alleges that the contract of purchase made by the defendant, Morgan, stipulated only ofr a quit claim deed to all of the interests of the complainants in and to said land, which deed was to be executed and delivered upon the payment by the defendant of the sum of $500. That the deed as stipulated for was executed and tendered to the defendant but he failed and refused to comply with his contract of purchase. The bill also alleges that the said contract was made in the city of Jacksonville in Duval county. The defendant filed a plea in abatement of said suit on the ground that he, the defendant, was not a resident of Duval county where said suit was instituted, but resided in DeSotto county, and that said cause of action did not accrue on Duval county; and that said the lands in controversy are not in Duval county, but in DeSotto county. This plea was overruled on argument, and the defendant then demurred to the bill on the grounds that there was no equity in said bill; that the complainant had an adequate remedy at law, and that it does not appear from said bill that complainant will suffer irreparable injury by reason of the failure of the defendant to perform the contract sued upon. This demurrer was