American Surety Co. of New York v. Murphy

CHAPMAN, J.:

This case comes here for the second time. See American Surety Co. v. Murphy, 151 Fla. 151, 9 So. (2nd) 355, where a statement of the involved facts appears. Subsequent to the issuance of the mandate therein, a suit in equity was filed praying for: (1) the performance of the contract between the surety company and the executors of the Murphy will by the payment of the loss, with interest, cost and attorneys fees sustained by becoming a surety on thé bond of the late Mr. Murphy in his replevin action; (2) an accounting and the declaration of an equitable lien on the assets of the…