Greeley v. Hendricks

Citations

• 23 Fla. 366
• 2 So. 620

Syllabus

<p>1. An administrator cannot maintain a suit for partition under the , statutes of this State, though such suit was originally instituted by his intestate. Whitlock vs. Willard, 18 Fla., 156, approved.</p> <p>%. Where a husband is a party complainant simply in right of his wife, and has no other status in the pleadings, and the wife dies, and ■ her administratrix is afterwards made a complainant, such husband cannot be regarded as having on the pleadings the status of complainant as her heir, no steps having been taken to revive ‘ the suit as such heir.</p> <p>3. Where a decree has been rendered in the absence of proper parties, it -will be reversed by the appellate court of its own motion.</p>