Neubert v. Massman Bros. & Co.

Citations

• 37 Fla. 91

Syllabus

<p>1. An appeal in chancery opens the whole case for the consideration of the appellate court, and a cross-appeal is not essential to entitle an appellee to a reversal of a decree which contains errors prejudicial to his rights.</p> <p>2. The law will not permit a debtor in failing circumstances to sell his land and convey it by deed without reservations, and yet. secretly reserve to himself the equity of redemption for his own use and benefit. Such a transfer lacks the element of good faith, and is fraudulent as to his creditors, although made for a valuable consideration.</p> <p>3. A court of equity will not lend its aid to reach equitable assets of the debtor until the creditor has reduced his demand to a judgment, caused execution to issue thereon, and a return of nulla bona to be made on the execution by the proper officer.</p> <p>4. A complainant who had no cause of action at the filing of his original bill can not maintain a supplemental bill on a cause of action that accrued thereafter.</p> <p>5. Bill filed against two defendants after a joint demurrer overruled; one of the defendants was in default in answering, the other answered, and the case proceeded to final hearing; on appeal an objection is made for the first time m this court that a decree pro eonfesso was not entered against the party in default. Held, Not to be reversible error.</p>