Benner v. Street

Citations

• 32 Fla. 274

Syllabus

<p>.PARTITION — DECREE PRO CONFESSO NECESSARY BEFORE NON-ANSWERING DEFENDANTS CAN BE DECREED AGAINST — PUBLICATION FOR ABSENT DEFENDANTS IN.</p> <p>1. In proceedings for tlie partition of land no decree of partition slionld be made until all the defendants to the bilL have answered, or until a decree pro confesso has been regularly entered against all those who fail to answer. Street et al. vs. Benner, et al., 20 Fla., 700, cited and approved.</p> <p>2. An order for publication requiring absent defendants to appear and answer, cannot properly be issued until after the bill or petition is filed that such absent defendants are by such order required to appear to and answer.</p> <p>8. Under our statute regulating the proceedings for the partition of lands, no order for publication requiring absent defendants to appear and answer, can properly be issued or granted until after the petition gr bill for partition has been filed; and, by the provisions of the statute, it is neoessary that such order for publication should be based upon the sworn statements contained in sueh bill or petition as to the non-residence of such absent defendants.</p>