Bevill v. Smith

Citations

• 25 Fla. 209

Syllabus

<p>1. An administrator who has obtained an order from the County Court for the sale of land to pay debts of his intestate is a necessary party defendant to a bill in equity, filed by a person claiming the land under a tax deed, to enjoin a sale thereof by the Commissioner appointed by the County Court to make the sale.</p> <p>2. An averment of possession to the complainant is essential to a bill brought by one claiming the legal title to land to enjoin a judicial sale upon the ground that the sale will cast a cloud upon his title. In the absence of an averment showing complainant to be in possession, the bill is demurrable for want of equity.</p>