53 Fla. 979 | Fla. | 1907
On September 2nd, 1905, the appellee, as complainant, filed a bill in the circuit court for Dade county against the appellants, in which it is alleged that the complainant was duly appointed receiver of the estate •of Julia D. Tuttle, deceased, by the order of the judge of the circuit court for the. seventh judicial district of Florida, under date of August 29th, 1901; that complainant has duly qualified as such receiver and entered upon the discharge of his duties; that Julia D. Tuttle died seized of certain described lands; that on April 8th, 1899, one E. L. White, as commissioner appointed by the county judge of Dade county, Florida, executed and delivered to the- defendant, Nathaniel R. Gibson, a deed to the land for a consideration of one dollar; that said deed was recorded in the record of Dade county; that said al
It does not appear that the complainant, ¡as receiver, has title to the lands, nor is the order of the court referred to as authorizing the complainant, as receiver, to bring the suit before us. The court does not see that the complainant is entitled to maintain this suit as receiver. Besides this, the bill asks for the cancellation of a succession of deeds of conveyance of the land by White to Gibson, from Gibson and wife by warranty deed to Bryce, and from Bryce and wife by warranty deed to the Bryce Baking Company. Gibson and the Bryce Baking Company are made parties, but neither Peter F. Bryce nor his legal representatives are made parties to the suit. So far as appears by this transcript Peter F. Bryce is bound by his warranty in the deed to the Bryce Baking Company, and besides it is charged in the bill of complaint that “each of the above described deeds were made with intent to cloud the title of the estate of Julia D. Tuttle, deceased, and the said real estate in its beneficial enjoyment.” The' charge includes the deed made by Peter F. Bryce and wife to the Bryce Baking Company, and Bryce is not made a party to the suit to meet the charge. Even' if such a thing be legally or equitably proper as a receiver of the lands of a decedent’s estate, he can have no such interest in or title to such lands or delegation of such
The general rule in equity is that all persons materially and directly interested, either legally or beneficially, in the subject matter of a suit must be made parties so that a complete decree may be made binding upon all parties. See Indian River Manufacturing Co. v. Wooten, 48 Fla. 271, 37 South. Rep. 731, and authorities cited; Florida Land Rock Phosphate Co. v. Anderson, 50 Fla. 501, text 514, 520, 39 South. Rep. 392, and authorities cited; Worley v. Dade County Security Co., 52 Fla. 666, 42 South. Rep. 527.
All the necessary parties to the suit are not before the court, therefore the decree is reversed and the cause is remanded for proper parties.