Winn v. Strickland

Citations

• 34 Fla. 610

Syllabus

<p>1. It is essential that a complainant should be in possession in order to maintain a bill to remove a cloud upon the title to real estate when not wild or uncultivated.</p> <p>2. When a court of chancery has acquired jurisdiction over the person of a party in a proper case, it may, by virtue of its power to coerce obedience to its decrees, enforce the performance of contracts relating to 1 and situated in another State. Such court, however, has no power to divest title to real estate situated in another State. In such cases the court acts upon the person of. the holder of the legal title subject to its jurisdiction, and if such holder fail to convey by proper deed the legal title, in obedience to a decree commanding it to be done, no effect can be given m the foreign jurisdiction to the de cree, so far as a conveyance of the legal title is concerned.</p> <p>3. It is essential that the court should acquire jurisdiction of the persons of the parties, and if it proceed without such jurisdiction, either by the service of proper process, or personal appearance, its judgments or decrees can have no binding effect.</p> <p>4. A party to a suit over whom the court has acquired jurisdiction may be estopped by averments in pleadings filed by him.</p> <p>5. A trustee in whom is vested the legal title, and who is charge. able with the proper care and preservation of the property, is a necessary party in all proceedings affecting the estate, where there is a remainderman.</p> <p>•6. The possession of one cestui, que trust will be regarded in law as the possession of a co-eestui que trust, as well as that of the trustee, in the absence of any clear and manifest hostility on the part of the occupying cestui que trust brought to the. knowledge of the trustee and co-cestui que trust.</p> <p>7. A tenant can [not dispute or gainsay the title of his landlord so long as it remains as it was at the time the tenancy bommenced, and no fraud has been practiced in securing it; yet it may b