Garvin v. Watkins

Citations

• 29 Fla. 151

Syllabus

<p>1, An appeal in chancery proceedings can be taken from a final decree rendered upon a decree pro confesso, and upon such ax> peal the legality of all proceedings prior to the default is open for review, and the appellant can take advantage of any reversible error apparent upon such proceedings.</p> <p>2. The proceedings in a chancery cause after a decree pro ecnfesso regularly entered are ex parte, and the party in default will not be entitled to notice of them; but while such proceedings are ex parte, the final decree in the cause must be proper and consequent upon the case made in the bill.</p> <p>3. The separate statutory property of a married woman can be charged in equity with a demand for work done and material furnished on said prox>erty, whether in pursuance of her personal engagement, or on the contract of her husband who acts as her agent, with her knowledge or approval.</p> <p>4. A purchase made by a stranger to the record in a chancery proceeding who has advanced his money at a x>ublic sale under a decree rendered by a court of comx>etent jurisdiction, and who has accepted a deed upon confirmation of the sale, can not be avoided by a subsequent reversal of the decree for error, unless the decree be void.</p> <p>5. W. filed a bill in chancery against Mrs. G. and husband to subject the separate statutory real estate of the wife to the x>ayment of a demand for work and material furnished at the instance of the wife on her said x>roperty, and also for the xtayment of certaih costs incurred in a suit at law; after a decree pro eonfesso a final decree was entered ordering the sale of the wife’s said xiroperty to pay the demand for work and material, and also said costs; the wife’s x>rox>erty was sold under this decree, and W., a stranger to the record, bought it at a public sale made by a commissioner; the purchase money was paid, the sale confirmed and a deed delivered to the purchaser before appeal taken: Held, Without deciding whether or not there was er