Nelson v. Haisley

Citations

• 39 Fla. 145

Syllabus

<p>1. The rights and interests of necessary and indispensible parties can not be adjudicated when they are not properly before the court.</p> <p>2. Where a cotenant defendant dies pending, a suit for partition, it is necessary that the heir, devisee or other person authorized to represent the title of such cotenant be made a party defendant before proceeding with the partition.</p> <p>3. The executor of a deceased cotenant in partition is not a proper party to represent the heir or devisee of such deceased cotenant, where it is not shown by the will that such executor is invested with, and authorized to represent the title to, the property involved in the partition proceeding.</p> <p>4. The trustee of a ootenant defendant in partition is not a proper party to represent the title held by the trustee for the benefit of his cestui que trust, after the death of the latter, in the absence of a showing that the trust continued after such death, and a further showing of powers and title in such trustee sufficient to authorize him to represent the property sought to ¡be partitioned without the presence of his new cestui que trust •as a party defendant</p>