40 Fla. 135 | Fla. | 1898
On September 24, 1889, Amon Dixon and James A. Cox filed their bill in equity in the Circuit Court of Hillsborough county against appellants, alleging, among other things, that in January, 1889, Stephen W. Dixon by his bond under seal executed in the presence of two subscribing witnesses, bound himself to convey by warranty deed in fee simple to Amon Dixon, his heirs or assigns, certain land in said county, upon pajrment of $150 in two years from the date of said bond; that Amon Dixon thereupon entered into possession of the land and the bond was left in possession of appellant Craver for safe keeping; that in March, 1889, for a valuable consideration Amon Dixon conveyed all his right and interest in the land, and all his rights under the bond to James A. Cox, who thereupon took possession of the land; that in May, 1889, Craver having notice that Amon Dixon had assigned to Cox all his right and interest in said land and bond, without their consent and with intent to defraud them, surrendered the bond to Stéphen W. Dixon and procured from the latter a conveyance to him (Craver) of the land embraced therein;
In Greeley v. Hendricks, 25 Fla. 366, 2 South. Rep. 620, we held that this court will of its own motion reverse a decree rendered by the court below in the absence of necessary parties, and this decision has been frequently followed in other cases. Lyon v. Register, 36 Fla. 273, 18 South. Rep. 589; Nelson v. Haisley, 39 Fla. 145, 22 South. Rep. 265. The bill of complaint in
As we reverse the decree because of a fatal defect in parties to the suit, it is unnecessary for us to determine whether the evidence was sufficient to sustain the decree appealed from.
The decree is reversed and the cause remanded for further proceedings consistent with equity practice and this opinion.