Deans v. Wilcoxon

Citations

• 25 Fla. 980

Syllabus

<p>1. The jurisdiction of the Coui.ty Court, under the Constitution of 1868, as amended in ISIS, in the matter of the estates of deceased persons was not exclusive of or a limitation upon the original equity jurisdiction of the Circuit Court in such matters In the absence of special equities whi h the County Court could not administer the jurisdiction of the two courts was concurrent, but where such equities exist the jurisdiction of ihe Circuit Court was exclusive of that of the County Court. The same is true of these courts under the present Constitution.</p> <p>’3. Where a bill filed by the heirs of an intestate ass filing an order of sale of real estate made by the Probate Judge as void for want of jurisdiction, alleges that one of Ihe lots conveyed by an administrator as having been sold pursuant to such order, was in fact not sold or offered for sale, and this allegation is admitted by demurrer, it is improper to consider the validity of the order of sale in connection with such lot.</p> <p>;3. Where a lot, formerly held through mesne conveyances under a title from an administrator, has been surrendered to an administrator de bonis non who holds it as a-sets of the intestate, the effect of possession under claim of title by the party who surrendered it, cannot be considered upon pleadings showing merely these facts.</p> <p>4. Theact of March 11th. 1879, “to quiet titles to real estate, ” Sections 31 and 33, p. 319 of McClellan’s Digest, does not apply to land or which there was in fact no sale made under an order of the Probate Court.</p> <p>'5. An allegation of the solvency of an estate is not essential to the jurisdiction of the County Court to make an order for the sale of real estate of an entestate under the act of February 16th, 1870, McClellan’s Digest, p. 86, Section 40.</p> <p>6. Where the petition for a sale of real estate un-ler the act of February 16th, 1870, McClellan’s Digest, p. 86, Section 40, states that there is “no per-onal property of the i