Benner v. Street

Taylor, J.:

This cause has been passed upon by this court on a former occasion (Street et al. vs. Benner et al., 20 Fla., 700), where a complete statement of the case will be found. ‘ Upon such former appeal it was distinctly *275held that- under the provisions of our statute regulating the proceedings for partition of lands no decree of partition should be made until the defendants shall have answered, or until a decree pro confesso is entered as to those who have been summoned by subpoena or by publication; and the decree of partition rendered in the cause prior to such former appeal was…