Atkinson v. Schilman

Citations

• 60 Fla. 301

Syllabus

<p>1. Judgments and decrees are to be construed with reference to the subject matter before the court pronouncing them.</p> <p>2. A consent decree in Georgia in partition of described Georgia lands, gave some of the heirs certain lands in full settlement of claims against the estate in “Thomasville, Thomas county or elsewhere.” The proceedings contained no intimation of lands in another State, and the general term “or elsewhere”' held not to include Florida lands.</p> <p>3. A bill for partition filed within five years of recognition by payment of some phosphate royalties by the attorney in fact of nearly all the defendant common owners and within nine years of any possible question between the owners, does not show fatal laches especially when the complainants are nonresident, except two who were minors when the dispute arose.</p> <p>4. A bill for partition between common owners, some of whom are in possession is not lacking in equity because it shows some adverse holding, where it does not make out a case of title by adverse possession.</p>