Merritt v. Daffin

Citations

• 24 Fla. 320

Syllabus

<p>1. An administrator holding the real estate of his intestate as assets, is, under the laws of Florida, the only necessary party to a suit for the foreclosure of a mortgage made by the intestate.</p> <p>2. The heir of the intestate is not a necessary party, and, though not a party to such a suit, is concluded by a decree of foreclosure and sale therein against such administrator.</p> <p>3. Where a bill is filed by heirs to enjoin the enforcement of a decree of foreclosure and sale rendered against an administrator on a mortgage made by their ancestor, and such bill does not show that the bill of foreclosure did not state facts justifying a decree against the administrator, it is error to enjoin the enforcement of the decree.</p> <p>4. Where there is a decree of foreclosure and sale against an administrator, the appointment without notice to the administrator, of a second master, in place of the one originally named in the decree, who had died, is not a ground for enjoining a sale by the second master under such decree.</p>