Deans v. Wilcoxon

Citations

• 18 Fla. 531

Syllabus

<p>1. This court has jurisdiction upon appeal or writ of error to review the proceedings of the Circuit Court upon a certiorari to the County Court. .,</p> <p>2. In this State, under the Constitution, a certiorari lies from the Circuit Court to the County Court at the suit of the heir to bring up the proceedings of the County Court in the matter of an order of sale of real estate for the payment of the debts of the intestate. The heir, while not required to be made a party to the proceedings for the sale, has such an interest as entitles him to this writ upon proper case made in discretion of the Circuit Court.</p> <p>3. “It is essential to the jurisdiction of the Circuit Court, in a proceeding by certiorari, that the writ issue and be returned with a transcript sought to be quashed, unless the writ and return are waived.”</p> <p>4. In a proceeding by an administrator to sell real estate to pay debts it is not essential to the jurisdiction of the court that the administrator should, in his petition, allege in terms that it is an intestate estate. The allegation that he is an administrator, the record of the County Court in the matter of the administration, at the same rime showing his appointment, and that it was an intestate estate, is sufficient as to this matter.</p> <p>5. It is not necessary that the petition of the administrator should in terms allege that an estate is solvent or insolvent, as the County Court has jurisdiction to sell lands to pay debts of both solvent and insolvent estates. In the case of a solvent estate the petition alleges an exhaustion of personal assets ; and in case of insolvent estates a suggestion of insolvency. In this case the petition alleges that there is no personal estate, and the court finds that the personal 'property is exhausted. This is sufficient as to this matter.</p> <p>6. An allegation “that the lawful debts and demands existing against the estate amount to the sum of twenty-two thousand six hundred and sixty-five dollar