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MITCHELL v. BROWN

No. B-150.

114 So.2d 178 (1959)

Mack MITCHELL and wife, Nena Mitchell, Kirby L. Whittle, and Henry T. Wester and wife, Jessie D. Wester, Appellants, v. Georgia Olena BROWN, as guardian of L.L. Davis, an incompetent, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied September 8, 1959.

Attorney(s) appearing for the Case

Wm. H. Sapp and Thomas Sale, Panama City, for appellants.

Cornett & Leath, Panama City, for appellee.

O'CONNELL, STEPHEN C., Associate Judge.

Georgia Olena Brown, as Guardian of L.L. Davis, an incompetent by reason of insanity, brought suit to impose a constructive trust on lands now owned by the defendants but which had at one time been owned by L.L. Davis. The defendants filed answers and counterclaims after which the plaintiff made motion for summary final decree. No affidavits, depositions or evidence were offered or filed. The chancellor granted the motion for...

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