Stokely v. Connor

Citations

• 80 Fla. 89
• 85 So. 678

Syllabus

<p>1. Matters not wholly irrelevant and immaterial should not be expunged from an answer in chancery either upon motipn or upon exception for impertinence.</p> <p>2. No alienee, grantee, assignee, or mortgagee is bound or affected by a judgment or decree in a suit commenced by or against the alienor, grantor, assignor or mortgagor subsequent to the alienation-, grant, assignment or mortgage to which he is not a party.</p> <p>3. The decree determining the rights and interests of the parties in a partition suit is not the final decree.</p> <p>4. A new party defendant in a partition- suit, brought in after the entry of a decree determining the rights and interests in the property of the respective parties then before the court, may set up matters of defense previously pleaded by his grantor who was an original defendant; when it appears that the conveyance was made prior to the commencement of the action though not recorded until after the action was begun; no special circumstances being shown to preclude such defense.</p> <p>5. Where a new pleading between the original parties is confined strictly to supplemental matter, the answer thereto should likewise be confined to such supplemental matter; but where a new party who is shown to have had an interest in the subject-matter of the suit before the suit was instituted, is brought into a cause he has a substantial right to be heard upon all matters which materially affect his property interest. 1</p>