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Lovejoy v. Lovejoy

Supreme Court of Florida, En Banc
Jun 29, 1948
36 So. 2d 192 (Fla. 1948)

Summary

In Lovejoy v. Lovejoy, 1948, 160 Fla. 652, 36 So.2d 192, the Supreme Court upheld a decree which awarded the entirety property to the husband, which property had been purchased with the husband's funds.

Summary of this case from McFarland v. McFarland

Opinion

June 29, 1948

An appeal from the Circuit Court for Pinellas County, Victor O. Wehle, Judge.

William C. Pierce and D. Newcomb Barco, for appellant.

Charles A. Robinson and Forrest Hoffman, for appellee.


It is our conclusion that the chancellor did not err in finding the equities to be with the appellee and against the appellant and that the grounds alleged for divorce had been proven. See Heath v. Heath, 103 Fla. 1071, 138 So. 796; McMillan v. McMillan, 120 Fla. 209, 162 So. 524. It is also our conclusion that with respect to certain property purchased entirely with the husband's funds and placed in the joint names of both husband and wife, the presumption of a gift to the wife has been overcome by conclusive evidence within the purview of Kollar v. Kollar, 155 Fla. 705, 21 So.2d 356, and that accordingly the case, on this point, is ruled by Hargett v. Hargett, 156 Fla. 730, 24 So.2d 305.

The decree appealed from is affirmed.

TERRELL, CHAPMAN, ADAMS, SEBRING, and BARNS, J.J., concur.

THOMAS, C. J., concurs in part and dissents in part.

HOBSON, J., not participating.


I cannot agree to the ruling that the estates by the entirety should be upset because the husband, 53 years old with enough business acumen to amass a fortune, didn't know what he was doing.


Summaries of

Lovejoy v. Lovejoy

Supreme Court of Florida, En Banc
Jun 29, 1948
36 So. 2d 192 (Fla. 1948)

In Lovejoy v. Lovejoy, 1948, 160 Fla. 652, 36 So.2d 192, the Supreme Court upheld a decree which awarded the entirety property to the husband, which property had been purchased with the husband's funds.

Summary of this case from McFarland v. McFarland
Case details for

Lovejoy v. Lovejoy

Case Details

Full title:MARTHA JANE LOVEJOY v. RALPH M. LOVEJOY

Court:Supreme Court of Florida, En Banc

Date published: Jun 29, 1948

Citations

36 So. 2d 192 (Fla. 1948)
36 So. 2d 192

Citing Cases

Schoenrock v. Schoenrock

This presumption can be overcome only by conclusive evidence. McFarland v. McFarland, Fla.App. 1961, 131…

McFarland v. McFarland

* * *" In Lovejoy v. Lovejoy, 1948, 160 Fla. 652, 36 So.2d 192, the Supreme Court upheld a decree which…