Parnes v. Bally Entertainment Corp‪.‬

[11]     WHITFIELD, J. -- The appellants brought a bill in equity against the appellees in which it is alleged in effect that after the death of S. M. Griggs, the father of Lozora Mary Day, his widow, who is complainants mother, married John T. Griggs, the complainants uncle, who at his death was seized and possessed of Lots 558, 559, 560 and 561 of the Town of Dunnellon; that after the death of the step-father, the mother, pursuant to an antemortem agreement with the deceaseds step-father, conveyed to Lozora Mary Day Lots 556, 558, 559, 560 and 561; that shortly thereafter the mother married Hurchman, and, colluding with her husband, the mother brought suit to set aside the conveyance mentioned; "that in order to carry out said collusion and fraud a summons was issued and served upon your oratrix in the presence of said Mary Alice Hurchman, and the said defendant then and there at the time of the service of said subpoena and subsequent thereto explained to your oratrix, who was then and there a minor incapable of understanding the meaning of said subpoena, that the said defendant only intended thereby to straighten out and arrange the title to your oratrixs property"; "that the said defendant represented to the guardian of your oratrix that the suit above mentioned was for the purpose of perfecting the title of your oratrix and held out inducements to the guardian of your oratrix until no defense was interposed in said suit, the said guardian relying upon the statements of the said defendant, and further relying on the fact that the said defendant was the mother of your oratrix and supposing that the said defendant would do what was right and just by the ward of the said guardian who was your oratrix, the said guardian permitted the said suit to proceed to final decree without interposing any defense thereto, when as a matter of fact your oratrix [ 65 Fla. Page 188]