Walker v. Redding

Citations

• 40 Fla. 124

Syllabus

<p>L It is the duty of a court, of equity to see that the interests of minors are protected in suits before it, whether the claim or defense be properly pleaded or not, and for this purpose the chancellor should look to the record in all its parts, and of his own motion give to the minors the benefit of all objections and exceptions appearing thereon, as if specially pleaded, or ' require the representative of such minors to take such exceptions or file such pleadings as may be necessary to fully secure and protect such rights and interests as the minors appear by the record to have.</p> <p>S. Under Article X, Constitution of 1885, only those who are without children can dispose of their homesteads by will.</p> <p>3. A (decree foreclosing a mortgage upon the homestead, rendered against the executor of the last will of the owner of the homestead who left surviving children to which foreclosure proceeding the heir of such deceased owner was not a party, is not binding upon the heir.</p>