Street v. Benner

Citations

• 20 Fla. 700

Syllabus

<p>1. A decree in partition appointing commissioners and directing-them to ascertain the interests of the parties, and to make partition accordingly, is irregular. The court should ascertain and adjudicate the several interests of complainants and defendants, and direct the commissioners to make the division accordingly.</p> <p>2. A decree of partition should not be made until the defendants shall have answered or a decree pro oonfesso is entered as to those who have been summoned by subpoena or by publication.</p> <p>8. A court of equity is not the proper tribunal for trying the legal title to lands ; but by the statutes of this State regulating proceedings in partition, where the bill shows the court has jurisdiction, and the complainant’s title is put in issue by the defendant’s pleadings, the court is authorized to *’ ascertain and adjudicate the rights and interests of the parties,’1 and decree a partition “ if it shall appear that the parties are entitled to the same,” without requiring- the legal title to be first tried in a court of law.</p>