Bigelow v. Stringfellow

Citations

• 25 Fla. 366

Syllabus

<p>1. A decree of foreclosure againsi a person alleged to be a subsequent incumbrancer and who is shown by the pleadings and testimony to have parted with his lien on the property covered by the bill before he was made a party to the suit, and who does not appear to have had any other interest in the property, is errroneous. So is a decree giving such party a right to redeem against the complainant’s mortgage : a dismissal of the bill as to him is proper.</p> <p>2. Where a person applies to be made a party to a suit inequity andan order is made that the ciuse stand over, with liberty to the complainant to'amend his bill, by adding proper parties, if he should be so advised, such order does not make the applicant a party to the bill, nor create a lis pendens as to him prior to his being made a party.</p> <p>3. Though where a person who is made, at his own suggestion, a party to a suit in equity, has, as is shown by the record, parted with his interest in the property in litigation be'ore being made a party, the bill should be dismissed as to him, yet he should be required to pay all costs occasioned by his action.</p>