Judges: PER CURIAM. —
Attorneys: T. B. Ellis, Jr., for Appellants;
Smith and Kanner and George W. Coleman, for Appellees.
Filed: Jul. 28, 1930
Latest Update: Mar. 02, 2020
Summary: Bill was filed by Maude E. Edason and Charles Edason her husband to foreclose a purchase money mortgage, for an accounting and for cancellation of a trust. Maude E. Edason died shortly after the bill was filed, and thereupon the County Judge of St. Lucie County made an order that no administration was necessary on the estate of Maude E. Edason, and the chancellor made an order that this cause proceed in the name *Page 350 of Louis Bell Edason by his next friend and Charles Edason as complainants
Summary: Bill was filed by Maude E. Edason and Charles Edason her husband to foreclose a purchase money mortgage, for an accounting and for cancellation of a trust. Maude E. Edason died shortly after the bill was filed, and thereupon the County Judge of St. Lucie County made an order that no administration was necessary on the estate of Maude E. Edason, and the chancellor made an order that this cause proceed in the name *Page 350 of Louis Bell Edason by his next friend and Charles Edason as complainants...
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The record in this cause having been considered by the Court, and the foregoing opinion, prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and decreed by the Court that the order of the court below sustaining the several demurrers be and the same is hereby affirmed with direction to the court below to permit the complainants to amend the bill.
TERRELL, C. J., AND WHITFIELD, STRUM AND BUFORD, J. J., concur.
ELLIS, J., dissents.
BROWN, J., not participating.
ELLIS, J., dissenting:
The demurrers to the bill should have been overruled. The objections that the bill is multifarious is not well founded in my opinion. The relief sought against the Central Farmers Trust Co., is merely incidental to the main purpose of the bill in which all the defendants are interested.
