Shalley v. Spillman

Citations

• 19 Fla. 500

Syllabus

<p>1. The removal of tlie “Trustees of the St. Johns Colony” by the order of the Circuit Judge,, and the appointment of other persons as such Trustees, does not pm' se operate to remove the same persons from the position of “Trustees of the St. Johns Co-operative Colony,” nor to divest them of the legal title to the property of the latter.</p> <p>2. A court of equity has no jurisdiction to enjoin a levy and sale of land under an execution unless by such sale an actual cloud upon the complainant’s title will be created. Such a cloud is not produced by a sale under an execution against one who never had title to or interest in the land.</p> <p><5. Where a bill filed to enjoin a sale as a cloud upon the title fails to show that the defendant in execution ever had an interest in the land, such bill is demurrable, and cause of demurrer may be interposed by answer.</p>