Dees v. Smith

Citations

• 55 Fla. 652

Syllabus

<p>i. Where the statute only requires the title of the cause to be endorsed on the copy of the subpoena served, it is not essential that the names of all the parties be endorsed thereon, but the endorsement of the names of some of the parties followed by the words et al., will be a sufficient compliance with the statute.</p> <p>2. Where the face of a bill in chancery shows a case barred by the statute of limitations, and no circumstances are stated which take the case out of the operation of the act, the deffendant may take advantage of it by demurrer.</p> <p>3. The time, when a suit was instituted may be shown by the file marks on the bill of complaint in determining, upon a demurrer thereto, whether the statute of limitation has run.</p> <p>4. The subsequent statute, Chapter 4322, Acts of 1895, was a revision of the whole subject matter of the former statute, Chap 3 681, Acts of 1887, and was intended as a substitute there for and to prescribe the only rule which should govern the case provided for.</p> <p>5. The limitation of four years as provided by section 64, Chapter 4322, acts of 1895, only applies when the purchaser of land at a tax sale goes in to actual possession of such land, and only bars a suit brought by the former owner or claiment for the recovery of the possession of such land so sold for taxes. The limitation created by this statute does not apply to an equitable suit to remove a cloud.</p>