Finlayson v. Love

Citations

• 44 Fla. 551

Syllabus

<p>EJECTMENT—REVIVOR OF SUIT—ADMINISTRATOR’S RELATIONSHIP TO HOMESTEAD. (</p> <p>1. Under.the Florida constitution and laws an administrator can never take, or be entitled to take, possession of the-homestead land of his intestate, or have any interest in or concern therewith, and is not a proper party to an ejectment suit brought to try the title to or recover possession thereof.</p> <p>2. Under the provisions of section 1917, Revised Statutes, an * administrator cannot as formerly, sue or defend in ejectment for the .possession of- land of which he has never been in possession or directed by a proper court to take ■ -posession. ,</p> <p>3., Where a stijt in ejectment is sought to be ravivéd .against thé administrator of the sole defendant deceased, and such administrator contdjsts the propriety of such revival against him as such administrator by a plea alleging the lands sued for to be the homestead of the deceased head . of a family, and that he as administrator was not, and had never been, in .possession thereof, such plea is not subject to a demurrer on the ground of presenting no defense to the suit, since it doe's legitimately contest the suggestion of revival of the suit as against such admin- ■ istratox-, and if sustained by the facts should defeat such revivor. .</p> <p>4. Where the land sued' for' in an ejectment suit is the homestead of the sole defendant therein, who is the head of a family residing in this State, and such defendant dies.pending the suit, such suit can not be revived against the administrator of such decedent, but such revivor to be effectual must be against the heirs at law of such decedent.</p>