Thrasher v. Doig

Citations

• 18 Fla. 809

Syllabus

<p>1. A bill is not strictly a bill of- discovery if it prays a discovery of facts when the discovery prayed and the allegations are not separate and distinct from the main object of the bill.</p> <p>2. When a remedy in equity exists, and a remedy at law is created, the equity jurisdiction is not destroyed unless by express terms of the law.</p> <p>3. Upon bill filed to charge property with debts contracted by an alleged owner for improvements thereon it is disclosed that the property is the separate estate of a married woman and her children, who are not parties to the suit, the bill should be amended by making- them parties with proper allegations to establish the liability of their estate! ' -</p> <p>4. The estate of a married woman is.not chargeable in equity merely by reason of a statutory lien for buildings and improvements, but because if she contracts such a debt it is implied that she means to pay it, and if she has a separate estate that is the fund out of which payment is contemplated.</p>