McCoy v. Love
Florida Supreme Court
382 So. 2d 647 (Fla. 1980)
Russell offered to buy Elliott’s interest in minerals under a tract of land. Elliott refused to sell her entire interest, but agreed to sell a small portion. Russell fraudulently drafted the deed to grant him Elliott’s entire interest. Elliott (plaintiff) could not read or write so she had her daughter look over the deed. Although the daughter did not understand the deed, she assented and Elliott signed the deed. Several days later, Russell informed Elliott that he had made a mistake in drafting the deed and offered Elliott money for the interest in the minerals that he had “mistakenly” acquired, but that she had not wanted to sell. Elliott refused and demanded that Russell reconvey the portion of the interest she did not want to sell. However, before he did this, Russell conveyed a portion of the same mineral interests to McClelland, who later conveyed the rights to Love, Harris, and Carpenter (defendants). Elliot sued for cancellation of the deed. The trial court held that the deed was void and granted summary judgment to Elliott. The district court held that the deed was voidable rather than void. McCoy appealed on behalf of Elliott, now deceased.
Rule of Law
Holding and Reasoning (Boyd, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.