Koon v. Koon

Citations

• 55 Fla. 834

Syllabus

<p>i. As a general rule a cotenant eannot enforce a partition of a part only of the common lands, leaving the rest undivided,' but the entire property should be included in the proceedings for partition.</p> <p>2. A partition suit is not the proper proceeding in which to settle a disputed title, though whenever the case is properly one of partition, one whose bona fide object is the partition of lands between common owners thereof one or more of whom are complainants and the others are defendants,, and they or some of them are in possession, then all controversies between them as to the legal title and right of possession as to the lands of which partition is sought may and should be settled, as authorized by the statute, but other questions and issues especially when they relate to other lands, should not be injected in such partition proceedings.</p> <p>3. As a general rule, a cross-bill in a partition suit is neither necessary nor proper.</p>