Seedhouse v. Broward

Citations

• 34 Fla. 509

Syllabus

<p>EQUITY PRACTICE — SERVICE OF SUBPCENA WHEN SHERIFF DISQUALIFIED — INSTRUMENT PAYABLE IN THE ALTERNATIVE TO TWO OR MORE — INTENT AS TO FIXTURES — WHEN CITATION ON APPEAL NECESSARY.</p> <p>1. The maxim, qui fac.it per alium facit per se, applies in all its force to the official acts of deputy sheriffs. Under the provisions of Section 5, page 938, McClellan’s Digest, whenever the sheriff of a county was a party to or interested in any cause, a coroner of the county, or an elisor appointed specially by the court, was the proper person to serve the subpoena in such cause; and, whenever the service of a subpoena in chancery was made by any other person than the sheriff, the return of' such service was required to be made under oath by Section 3, page 153 McClellan’s Digest. Under this law, whenever the sheriff was an interested party to a suit, he could not, either by himself or through one of his deputies, legally serve or execute-any process in such cause.</p> <p>2. Where a defendant in a chancery cause, in person or by attorney, enters a voluntary general appearance therein, he thereby submits himself to the jurisdiction of the court, and any illegality in the service upon him of the subpoena in the cause is thereby waived and cured.</p> <p>3. Where it is evident from all the allegations of a bill for foreclosure of a mortgage and the exhibits thereto, filed against the administrator of a deceased married woman, that the mortgaged premises were the “separate statutory property” of such married woman, with the title thereto vested in her individually, and notin a trustee for her benefit, a loose general allegation in the bill that such property was her “separate estate.” should be ignored as a patent piece of inadvertence, and a demurrer to such bill upon the ground that the supposed trustee who holds the legal title to such property is not made a party defendant to such bill, should be overruled.</p> <p>4. Under the laws of this State making mortgages nothing more t