King v. Dekle

Citations

• 53 Fla. 940

Syllabus

<p>BILL TO VACATE EXECUTION SALE, TO VACATE JUDGMENT AND TO DECLARE RESULTING- TRUST — PARTIES — LACHES—DEFAULT JUDGMENT — JUDGMENT.</p> <p>1. Where the heirs at law of an intestate decedent, sometime subsequent to the final discharge of the administratrix appointed for said estate, file their bill in equity to set aside a judgment recovered against such administratrix as such, and to set aside a sheriff’s sale and deed of the lands of said estate made to satisfy such judgment, such lands being still held at the filing of the bill by the judgment creditor who was the purchaser thereof at such execution sale, such bill seeking to have an accounting from such judgment creditor for the rents, issues and profits of said lands during the time of his possession thereof, and of the indebtedness that he really holds against said estate that formed the basis of such judgment, and offering to allow such rents, issues and profits as a set off to such indebtedness and an adjustment of any balance thereof remaining unpaid, and praying that such judgment creditor be adjudged to hold said lands in trust for such heirs at law, and it appears by the bill that there are no other claims against said estate, and that the widow of the deceased who was such administratrix has had her dower fully allotted to her out of other lands of said estate, and said bill seeks no sort of relief against such administratrix either personally or representatively, and it appears that no right or interest of hers, personal or representative, can or will be in any way affected by such bill or the relief prayed if granted, under these circumstances; Held-. That such former administratrix is not a necessary party either complainant or defendant to such bill.</p> <p>2. The law is well settled that where it is clearly apparent upon the face of the bill that the complainants therein have slept so long upon their rights as to be guilty of laches in the assertion of them, such question of laches may be raised an