Nelson v. Haisley
Supreme Court of Florida
Appeal from the Circuit Court for Marion county. STATEMENT. Appellant on August 26th, 1887, filed his bill for partition against Annie M. Butt Prentiss, and Thomas D. C. Prentiss, her husband, E. W. Agnew as trustee for the said Annie S. Haisley and William P. Haisley her husband, in the Circuit Court of Marion county, in which it was alleged that complainant was the owner of an undivided one-half interest in the real estate sought to be partitioned; that the other interest…
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Appeal from the Circuit Court for Marion county. STATEMENT. Appellant on August 26th, 1887, filed his bill for partition against Annie M. Butt Prentiss, and Thomas D. C. Prentiss, her husband, E. W. Agnew as trustee for the said Annie S. Haisley and William P. Haisley her husband, in the Circuit Court of Marion county, in which it was alleged that complainant was the owner of an undivided one-half interest in the real estate sought to be partitioned; that the other interest was formerly owned by one Alfred C. Brown, wdio had disposed of his interest in the premises to one Dr. Ze-Batt, a…
1Opinion of the Court
Carter, J.:
We held in Lyon and Hendricks’ Executors vs. Register, 36 Fla. 273, 18 South. Rep. 689, that the rights and interests of necessary and indispensable parties can not be adjudicated when they aró not properly before the court, and that where a co-tenant defendant dies pending a suit for partition it is necessary that the heir or devisee of such co-tenant be made a party defendant before proceeding with the partition, and that the executor of such deceased co-tenant is not a proper party to represent the heir or devisee where it is not shown by the will that such executor is invested…
2Cases cited2 opinions
- Rivas v. SummersSupreme Court of Florida · 1894
- Lyon v. RegisterSupreme Court of Florida · 1895
3Cited by7 opinions
- Lovett and Lovett v. LovettSupreme Court of Florida · 1927
- Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
- Rawls v. Tallahassee Hotel Co.Supreme Court of Florida · 1901
- Ryer v. Fletcher Ryer Co.California Supreme Court · 1899
- Yager v. North & South Alafia River Phosphate Co.Supreme Court of Florida · 1921
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