Robertson v. Baker
Supreme Court of Florida
Appeal from .Leon Circuit Court. This case was decided, at Tallahassee. A statement of the case is contained in the opinion of the court. It was error, after sworn bill and answer, and order, purporting to settle the equities of the case, and for an injunction, receiver and reference to Master, for the Chancellor to have passed an order, without notice, making John A. Ma-crae, executor of Colin Macrae, deceased, a party to a sworn bill on petition not sworn to.
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Appeal from .Leon Circuit Court. This case was decided, at Tallahassee. A statement of the case is contained in the opinion of the court. It was error, after sworn bill and answer, and order, purporting to settle the equities of the case, and for an injunction, receiver and reference to Master, for the Chancellor to have passed an order, without notice, making John A. Ma-crae, executor of Colin Macrae, deceased, a party to a sworn bill on petition not sworn to. Such, proceeding is permitting an adverse interest, a new party upon proceedings ex parte, to come in and take advantage of an answer…
1Opinion of the CourtDuPCLNT, C. J.
This is a suit in equity, instituted by Bolling Baker against William F. Robertson. The complainant alleges in his bill that, on the 1st day of January, A. L>. 1847, the parties agreed to form a copartnership for the purpose of conducting and carrying on the business of planting, and in view of that purpose and design, they purchased from one Colin Macrae a certain tract of land or plantation, situated in the county of Jefierson, in the State oí Florida, together with fifty-one slaves, and mules, stock, ifcc.; that the said purchase wras made on the joint and equal account of both partners,…
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