Williams v. Wetmore

Citations

• 51 Fla. 614

Syllabus

<p>1. Where there has been a dispute as to the boundary of a lot of land, resulting in a breach of the peace, and several ejectment suits which have not settled- the question between them, and there are difficulties connected with the ascertainment of the boundary growing out of the manner in which the boundaries were described in the deeds made by the party from whom both claim title, and both parties agree that a court of equity is the-proper forum for the settlement of the controversy, and a bill in equity is filed by .one of them in the Circuit Court against the .other, setting up all the facts, for the purpose of having that court determine the question, and the defendant does not object to the jurisdiction of the equity court by plea, demurrer or in any other proper manner, but consents to the jurisdiction, and answers the bill and thereby submits his defense, and a decree is rendered by the Chancellor establishing the boundary, from which the defendant appeals, and the question of the jurisdiction of equity is raised for the first time by him on appeal, the appellate court will not consider objections to the jurisdiction, where the record fails to show an entire absence of general jurisdiction over the subject matter.</p> <p>2. Where the parties to a suit in equity agree before an 'examiner that each will pay the costs of taking the testimony of his own witnesses and the costs of the cross-examination of his adversary’s witnesses, and the complainant pays his share of the costs, but the defendant fails after notice to pay his proportion, 'and after the time has expired for taking testimony the complainant sets the cause down for a hearing and gives the defendant notice thereof, and the Examiner files a report of the complainant’s testimony, but does not file that of the defendant because of the latter’s failure to pay the costs, and no steps are taken by the defendant to procure the filing of his testimony, but he simply protests at the hearing that the Chanc