Brickell v. Di Pietro

TERRELL, J.:

Petitioner as complainant filed her bill of complaint against respondent praying for partition of that parcel of land known as Brickell Point in Miami, Florida. A motion to dismiss raised the single question to-wit: Complainant having acquired her interest in the property from a trustee in bankruptcy, she held it in trust and being so, a sale to effectuate partition would be ineffective. A decree of the trial court overruling this contention was upheld by this Court. Brickell v. DiPietro, 145 Fla. 23, 198 So. 806.

On the going down of the mandate, a final decree of partition was…