Griffith v. Griffith

Citations

• 59 Fla. 512

Syllabus

<p>1. Where a person entitled to a homestead dies leaving children, the homestead is not subject to testamentary disposition.</p> <p>2. Where the bona fide object of a suit is the partition of land between common owners thereof, some of whom are complainants and the others are defendants, and some of the parties to the suit are in possession, then all controversies as to the legal title and right of possession may and should be settled by the court, as authorized by the statute. But a suit for partition cannot be resorted to as a substitute for the action of ejectment, nor used for the sole purpose of testing a legal title or trying an issue as to it.</p>