Keil v. West
Supreme Court of Florida
Appeal from the Circuit Court for Duval County. Mrs. West and her husband filed their bill for partition in chancery, against Mrs. Keil, Mrs. Palana, and Mrs. Peters and her husband. The subpoena which issued on the bill in March, 1884, does not state “ that the bill is filed for a partition of lands,” as required by section 3, page 802, McClellan’s Digest. On the return day in April the appellant appeared to the suit.
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Appeal from the Circuit Court for Duval County. Mrs. West and her husband filed their bill for partition in chancery, against Mrs. Keil, Mrs. Palana, and Mrs. Peters and her husband. The subpoena which issued on the bill in March, 1884, does not state “ that the bill is filed for a partition of lands,” as required by section 3, page 802, McClellan’s Digest. On the return day in April the appellant appeared to the suit. The other defendants answered the bill, admitting its statements to be true, and expressing a willingness to submit to such decree of partition or sale as the •court should…
1Opinion of the CourtJustice Raney
*516I. The bill asserts that Mrs. West, who is, with her husband, the complainant, and her two sisters are seised in tee-each of one-third undivided interest in the land, by deed from the executors of I. D. Hart, and that no one else is in fact interested in the property, yet that Mrs. Keil, a defendant, “claims to have some interest therein and to be in possession of said premises,” yet she “ refuses to set forth her interest or to join in partition.” Profert of the deed is offered. The bill prays that Mrs. Kiel and the other defendants maybe required to answer,and that the shares belonging to…
2Cases cited12 opinions
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- Godfrey v. GodfreyIndiana Supreme Court · 1861
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- Garwood v. HastingsCalifornia Supreme Court · 1869
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