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 367 Image
Ancient Records
Next Page
Judgment Docket 9 Page 367
                       In the Circuit Court of Alachua County Fla In Chancery
E.J. Baird                        }
       Complt                     }
    vs                            }
The Ellsworth Trust Company et al }
                This cause is before me to be heard on the motion of
defendants Bardin & Sikes to dissolve the Injunction and dismiss the
bill supported by their answer & affidavits to which the complainant
filed counter affidavits. To support the bill to remove a cloud
it is necessary that complainant should be in possession so
that he could not bring an action of Ejectment.
The answer of Barden and Sikes denies complainants possession and
is therefore responsive to the bill & this answer is supported by
the affidavits of nine persons of the nine affidavits of
complainant filed to show possession in complainant
from 1888 or 1889 to the time of making the affidavit - All the
rest state that complainant was in possession, "until a few weeks
since" leaving it uncertain and doubtful when and by whom
complainant was disturbed in his possession and admitting
that "a few weeks since" he was so disturbed on the question of
possession at the time of bringing the suit, the weight of the
evidence is against the complainant; and as this is purely a bill
for relief and not one in aid of an action of ejectment, the
motion to dissolve the Injunction is granted 39 Fla 745 -
It is therefore ordered adjudged and decreed that the
motion of Barden & Sikes to dissolve the Injunction and
dismiss the bill as to them be and the same is hereby granted
  Ocala Fla March 24th 1900
                       W.A. Hocker
                               Judge
Filed March 28th 1900 Recorded March 28th 1900
                         H.C. Denton Clerk
                           pr S.H. Wienges DC
                   In Circuit Court 5th Judicial Circuit of Florida
                    in and for Alachua County in Chancery
E.J. Baird                                 }
    vs                                     } Injunction
The Ellsworth Trust Company A.O. Steenburg }
J.W. Patton D.G. Bardin and S.J. Sikes     }
                    The above stated cause coming on to be heard for
a Supersedeas order and for an order fixing the amount and
conditions of a supersedeas bond, and the Court being satisfied
that the appeal taken in said cause to the Supreme Court of
Florida from the decree of this Court made on March 24th 1900
dissolving the Injunction and dismissing the bill in said cause
has been regularly filed, and upon consideration of the same, it is
Transcribed by Charlotte Vallellanes 11 June 2015
Previous Page
Book Cover
Page 367 Image
Ancient Records
Next Page