Griffin v. Fries

Citations

• 23 Fla. 173

Syllabus

<p>1. When a suit in equity is pending between two parties a cross-bill filed therein by the defendant is a dependency on the original suit and can be sustained only on matter growing out of the original suit, and the affirmative relief sought must be equitable relief.</p> <p>2. When a suit in ejectment is pendeng between two parties and the plaintiff in such suit files his bill in equity to restrain the defendant from cutting and removing timber from the laud sued for, and the defendant in his answer denies the plaintiff’s title to-the land, and alleges that the title to the land is in himself, he may at the time of filing his answer file also a cross-bill praying that the plaintiff may be enjoined from further prosecuting his-suit in ejectment, provided the facts set forth in said cross-bill' entitle him to equitable relief.</p> <p>3. Where a deed is lost without being recorded our statutes making its Registration necessary in order to debar a subsequent purchaser without actual notice and for valuable consideration from asserting a superior right to the original purchaser, and in order to prevent the lien of judgment of creditors of the vendor from attaching thereto, a court of equity alone is adequate to afford the relief that might arise from future perils to the title from want of registration.</p> <p>4 A court of equity has the power to re-establish a lost deed, and when it exercises jurisdiction for this purpose it will, when all the-parties in interest are before it, and the only matter of controversy between them is the amount and description of land conveyed by said lost deed, the issue being found against the grantors in said deed, if the prayer of the bill justifies it, retain jurisdiction of said cause and make a final adjudication betweeen the parties by enjoining the grantors in said deed from further prosecuting a. suit in ejectment against a party in possession of the land conveyed claiming title from the grantee in said deed.</p> <p>5. A bill in e