Williams v. Clyatt

Citations

• 53 Fla. 987

Syllabus

<p>1. Where land is sold as an entirety for the non-payment of taxes thereon by all cotenants, and is bought by one of the cotenants, it amounts merely to the payment of the taxes, and the purchasing cotenant has no additional right, in the land except to secure the payment of the amount phid by him for taxes for the other cotenants.</p> <p>2. In partition proceedings, under the provisions of sections 1490-1497, Revised Statutes of 1892, sections 1939-1946, General Statutes of 1906, whenever the case is properly one.of partition, one whose 6.001 a fide object is the partition of land between the common owners thereof, one or more of whom are complainants and the others are defendants, then all controversies between them as to the legal title may and should be settled by the chancellor.</p> <p>3. When in partition proceedings a plea has been overruled and the court gives the defendant ample time in which to plead over or answer, and the defendant files an amended plea not materially different from the original plea, which was overruled, and ■ “on the final hearing both parties were before the court and argued the cause, and on the court’s announcing its judgment, the defendant then asked the court to he allowed further time to plead over, but did not state that there was any meritorious defense, or tender any plea or answer, nor make known the existence of any,” the trial court should not be held in error for refusing to allow the defendant further time to answer.</p> <p>4. In a partition proceeding when the defendant is present and without objection to the proceeding argues the case at the final hearing, he cannot successfully assign as error a failure to set the cause down for final hearing or a failure to give notice of the final hearing.</p> <p>5. The entry of a decree pro confesso shows the defendant has not presented a defense to the suit and permits the plaintiff to proceed ex parte. Where the defendant is present and without objection to the proceedings argue