Scott v. Jenkins

Citations

• 46 Fla. 518

Syllabus

<p>1. A bill was filed by appellees J. & D. to foreclose a mortgage on real and personal property, in February, 1892, against the appellants, including Mary G. Holloway, then living. It is alleged in the bill that W. G. Holloway in his lifetime conveyed the mortgaged real estate to Mary G. Holloway. On October 8th, 1892, and before the issues were made up, Mary G. Holloway died, and in January, 1893, her administrator is made a party defendant to the suit, and the cause proceeded to final decree, without her heirs being made parties: Held, that under section 1917 of the Revised Statutes of Florida, which went into effect on the thirteenth day of June, 1892, the heir or heirs of Mary G. Holloway were necessary parties to the suit, so far as the foreclosure upon the real estate was concerned.</p> <p>2. Where a bill alleges that real estate was conveyed, as in the first headnote, the fact that when the instrument purporting to be a conveyance is offered in evidence it appears to have no seal, does not support the contention that neither Mary G. Holloway nor her heirs have any interest in the real estate thereby conveyed or attempted to be conveyed.</p> <p>3. Complainants having filed a bill, as stated in the first headnote, acquiréd no vested interest in the statutory power which the law anterior to the enactment of the Revised Statutes conferred upon the executors and administrators in relation to the real estate of decedents, and the repeal of that law, pending the suit, and before final decree, by the provisions of the Revised Statutes contained in section 1917, and the statute enacting the same, took away the statutory power of an executor or administrator in regard to such real estate, under such antecedent law, and substituted therefor such authority and power as is •contained in said section 1917.</p> <p>4. When a final decree of foreclosure upon the real and personal property is made in a cause, the facts being such as are stated in the previous headnote, such