Whitlock v. Willard

Citations

• 18 Fla. 156

Syllabus

<p>1. The general rule in cases of this-character (appeals in chancery) is to enter the appeal in the name of all the parties against whom the decree is rendered, and one party may take the appeal in the name of all his co-defendants without first obtaining their consent. If the other parties do not unite in the appeal, or in prosecuting the appeal, those prosecuting may have a summons and severance as to those who will not unite. And when there are more defendants than one all of their names must he in the appeal, unless it he a case where one may appeal, or it will be dismissed. A citation giving notice of the appeal to the co-defendants, requiring them to join in the appeal, returnable to the term to which the appeal is returnable, issued and served as the citation to the respondent is required to be issued and served, will be equivalent to a summons issuing from this court after the appeal is docketed here, and such orders as to severance will be made here as the nature of the case may require.</p> <p>2. Where the appeal is irregular for the want of proper parties, they may be made parties here by amendment, and citation may be awarded. In this case, no objection being taken to the irregularity by the respondent, the court in its discretion allows the amendment.</p> <p>3. While an administrator may, under the statutes of this State, maintain an action of ejectment upon the title of the intestate to recover possession, yet not being an owner, joint tenant, tenant in common or coparcener, within the meaning of the statute giving such persons a right to partition, he cannot have partition.</p>