Alachua County Clerk of the Court Seal Alachua County Clerk of the Court
J.K. "Jess" Irby, Esq. - Clerk of the Court
Ancient Records
Judgment Docket 9
Previous Page
Book Cover
Page 236 Image
Ancient Records
Next Page
Judgment Docket 9 Page 236
                           In Circuit Court Fifth Judicial Court of
                           Florida in and for Alachua County In Chancery
Samuel C. Tucker et al }
         vs            } Bill to enforce Trust and for cancellation of Deeds &c
Jacob E. Dodd          }
       This cause came on to be heard before me, upon final hearing
The purpose of the bill is to enforce a trust in certain lands in favor of
Claimants the legal title to which is in the defendant Jacob E. Dodd Defendant
defendant largely relies on the case of Anderson vs Northup 30th Fla 612
as supporting him on the demurrer to the bill; and in his defense on the
facts He insists on the Statute of limitation and lashes. Although
S.C. Tucker was named as one of the executors of the estate of Samuel
R Piles deceased so far as I can see from the record he did not
qualify and the suit of Sanderson was against Ann L Dodd as
Executrix and J.E. Dodd, but Tucker is not mentioned. I cannot find
either in the pleading or testimony that S.C. Tucker or either of the
complainants had any actual Knowledge of the said suit or of the
sale of the real estate which was conveyed to J.E. Dodd and which is 
the subject of dispute herein. I am of the opinion upon the principles of
said case in 30th Fla and in accordance with the doctrine of the
Common law, that by his marriage with Mrs Piles, J.E. Dodd, the
defendant became resposible as executor of the estate of Samuel R. Pyles
deceased and that a trust relation was created and existed between
him and the complaints as to the estate of the said Samuel R Piles deceased
that he must, as is not affirmatively shown, prove that complainants had
actual notice of the purchase by J.E. Dodd of the real estate belonging
to Samuel R. Piles deceased and as the amount of the Judgment under
which said real estate was sold, was insufficient in proportion to
the value of the real estate, and as the said Jacob E. Dodd had abundant
personal property of the said estate in his hands with which to have
paid said amount; that the complainants are entitled to the relief
prayed for; and the Court being fully advised in the premises-
It is therefore ordered adjudged and decreed by the Court, that the
complainants have the relief prayed in and by their said bill of
complaint, and that they are entitled to a remainder in fee in
said lands as devisees under the provisions of the will of said
Samuel R. Piles deceased, and it is further ordered and decreed that
the said Jacob E. Dodd the defendant therein took the legal title to said
lands by virtue of all tax deeds and other deed as set up and
shown by the pleading only in Trust for the benefit of the devisees
and their heirs under the Will of Samuel R. Piles deceased the
Complainants herein to the following lands, to wit: All of Sec (10) ten
and West one half (1/2) of the South west quarter (SW 1/4) of Sec Eleven
(11) in Township Seven (7) S R Eighteen (18) East in the State of Florida
And it is further ordered and decreed that the said Joseph E. Dodd
convey to and surrender the possession of the said land to the
Complainants and that he surrender all deeds which he may hold
Transcribed by Charles Blankenship 22 March 2005
Previous Page
Book Cover
Page 236 Image
Ancient Records
Next Page