Yager v. North & South Alafia River Phosphate Co.

Citations

• 82 Fla. 38
• 89 So. 340

Syllabus

<p>1. A person owning an .interest in land which is sought to be partitioned is a necessary party to the proceedings.</p> <p>.2. .Where there is a decree awarding a partition of lands in which a person is interested who is not made a party to the proceedings, the decree will be reversed on apppeal.</p> <p>3. A bill in chancery which seeks,to annul the proceedings and decrees in another suit decided in the same court is not an original bill, but a bill of review. *</p> <p>4. A bill of review which does not rest upon error apparent, nor upon new matter arising after the rendition of the' decree sought to be annulled, may be filed only after leave of the court has been obtained.</p> <p>5. The allowance of a bill of review is not a matter of right in the parties, but rests in the sound discretion of the court to be exercised cautiously and sparingly and under circumstances that demonstrate it to be indispensable to the merits and justice of the cause.</p> <p>6. Want of equity in a bill of review may be taken advantage of by demurrer.</p> <p>7. Where an appeal is taken from an order dismissing a bill of review wbicb was filed without leave of the Court and rests upon no error apparent, nor matter arising after the rendition of the decree sought to be annulled, a motion to dismiss the appeal will be granted.</p>