Marks v. Baker

Citations

• 20 Fla. 920

Syllabus

<p>1. A deed of land will not be annuled because of the failure to pay all of the purchase money. A remedy in equity may be to subject the land as for an equitable lien for the unpaid balance.</p> <p>2. In a suit upon a contract made with a party since deceased, his legal representatives are necessary parties.</p> <p>3. When a decree pro confesso, regularly entered, has become absolute, the complainant is entitled to such relief as may be had uj)on the facts stated in his bill, and the decree pro confesso should not be set aside upon mere motion ; but if the bill shows no ground for relief and the court sets aside the decree pro confesso, complainant cannot, on appeal, revex-se the order setting it aside, as he has no equities, but his bill should be dismissed without prejudice.</p>