Florida Land Rock Phosphate Co. v. Anderson

Citations

• 50 Fla. 501

Syllabus

<p>1. A Clerk of the Circuit Court, in making up a transcript of the record for the Supreme Court should comply with the requirements of the Special Rules adopted by this court for making up such transcripts.</p> <p>2. It is 'the duty of the party resorting to an appellate court, to see that his transcript of record is properly prepared, in compliance with the rules of court, and to make the errors complained of clearly to appear.</p> <p>3. The general rule in equity is that all persons materially interested, either legally or beneficially, in the subject matter of a suit, must be made parties either as complainants or defendants, so that a complete decree may be made binding upon all panties.</p> <p>4. The court cannot properly adjudicate the matters involved in the suit when it appears that necessary and indispensable parties to the proceeding are not before the court.</p> <p>5. Although the question of parties was not raised in the court below either by demurrer, plea or answer, and has not been suggested in this court, if it plainly appears from the record, especially from the bill and exhibits, that there is a lack of necessary and indispensible parties, this court will notice the fact on its own motion and reverse and remand the cause, with leave to add suck parties and for suck otker proceedings as may be conformable to law.</p> <p>6. In a proceeding in equity to remove tke cloud from tke title and to kave a conveyance cancelled as fraudulent, tke parties executing suck conveyance against whom fraud is ckarged are necessary and indispensable parties to suck proceeding, especially so if suck conveyance contain tke covenants of general warranty.</p>