Bevill v. Smith
Supreme Court of Florida
Appeal from the Circuit Court for Alachua county. The facts of the case are stated in the opinion of the court. STATEMENT'OF CASE. Under and by virtue of an order issued out of the Probate Court of Alachua county, on the 24th day of August, 1885, S. P. Bevill, as the commissioner named in said order advertised to sell on the 5th day of October, 1885, certain land therein described as belonging to the estate of John Yanee, deceased.
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Appeal from the Circuit Court for Alachua county. The facts of the case are stated in the opinion of the court. STATEMENT'OF CASE. Under and by virtue of an order issued out of the Probate Court of Alachua county, on the 24th day of August, 1885, S. P. Bevill, as the commissioner named in said order advertised to sell on the 5th day of October, 1885, certain land therein described as belonging to the estate of John Yanee, deceased. On the 3d day of October, 1885, James R. Smith filed his bill in chancery in the Circuit Court of Alachua county against the said S. P. Bevill as commissioner…
1Opinion of the Court
Raney, C. J.:
This is a suit in equity instituted by appellee to enjoin the sale of a quarter section of land by Bevill as a Commissioner acting under an order of the County Court of Alachua county for the sale of the land for payment of the debts of one John Yance, deceased. The ground of this application for equitable relief is that the sale, if made, will cast a cloud upon appellee’s title to the land.
The only defendant to the suit at the time the injunction was granted, was Bevill, in his capacity as Commissioner, and there was consequently an entire absence of necessary *213parties. In such a…
2Cases cited5 opinions
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Alston v. RowlesSupreme Court of Florida · 1869
- Merritt v. DaffinSupreme Court of Florida · 1888
- Cavedo v. BillingsSupreme Court of Florida · 1877
- Loring v. WittichSupreme Court of Florida · 1878