# Ideal Farms Drainage District v. Certain Lands in Said District

> Supreme Court of Florida · July 2, 1943 · 153 Fla. 265

URL: https://www.frixlaw.com/law-library/cases/3396440

## Case

- **Full name:** Ideal Farms Drainage District, a Public Corporation, and L. D. Oxford, as Receiver Thereof v. Certain Lands in Said District and the Owners Thereof.
- **Court:** Supreme Court of Florida
- **Decided:** July 2, 1943
- **Citations:** 153 Fla. 265; 14 So. 2d 416; 1943 Fla. LEXIS 601
- **Precedential status:** Published
- **Opinion:** Dissent by Chapman
- **Judges:** Adams, Brown, Sebring, Buford, Terrell, Thomas, Chapman
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3396440

## Opinion text

CHAPMAN, J.
dissenting:
It is my view that the challenged answer should be sustained and the petition for interlocutory writ of certiorari denied. An examination and study of the answer discloses that the allegations thereof are each responsive to many of the allegations of the bill of complaint seeking to foreclose the alleged drainage liens. Paragraph 11 thereof goes much further and charges fraud, overreaching by named individuals, and the several elements of bad faith is clearly charged. It was the view of the chancellor that the answer, when considered in its entirety, stated a good defense, and if established by competent testimony, would justify a decree on behalf of defendants on final hearing.
Many respectable authorities sustain the conclusion of the chancellor. See: Myles Salt Co. v. Iberia Drainage Dist., 239 U. S. 478 , 60 L. Ed. 392 , 36 Sup. Ct. 204; 17 Am. Jur. 831 -2, par. 89; 19 C. J. 745-6, par. 261; Consolidated Land Co. v. Tyler, 88 Fla. 14 , 101 So. 280 ; Martin v. Dade Muck Land Co., 95 Fla. 530 , 116 So. 449 ; Crosby v. Jumper Creek Drainage Dist., 147 Fla. 705 , 3 So. (2nd) 356 .
BROWN and SEBRING, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3396440. Public record. Not legal advice.