FRASE v. BRANCH

No. 77-1342.

362 So.2d 317 (1978)

Laura F. FRASE, Administratrix of the Estate of John A. Meyer, Deceased, Also Known As J.A. Meyer, Jennifer M. Brazell and Edward Brazell, Her Husband, William B. Meyer and A.R. Meyer and Ruth Meyer, His Wife, Appellants, v. J.M. BRANCH and Marian L. Branch, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 30, 1978.


Attorney(s) appearing for the Case

John F. Bennett of Fishback, Davis, Dominick & Simonet, Orlando, for appellants.

T. Richard Hagin of Getzen & Hagin, Bushnell, for appellees.


HOBSON, Acting Chief Judge.

In this appeal we are confronted with the question of whether homestead rights will defeat an agreement for deed in which the grantor's spouse did not validly join where the grantor owned the property separately and the grantor and his spouse retained more than 160 contiguous acres of rural land in excess of the property subject to the agreement. The trial court answered this question in the affirmative. We answer this question in the negative...

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