Gribbel v. Henderson, 14 So. 2d 809

Gribbel v. Henderson

14 So. 2d 809 | Fla. | 1943

Lead Opinion

ON REHEARING GRANTED A rehearing having been granted and the Court having heard oral argument and further considered the record and briefs, it is ordered that we now adhere to our former judgment. *398

TERRELL, BROWN, CHAPMAN, THOMAS and ADAMS, JJ., concur.

BUFORD, C. J., dissents.

SEBRING, J., not participating.

Dissenting Opinion

On reconsideration of this case, I do not think that the allegations of the bill of complaint are sufficient to show that the defendant-Executors under the Gribbel will are barred from pleading the statute of non-claim. It is my opinion that the plea of non-claim either presented an issue with the burden of proof on the defendant, or else presented a condition requiring amendments to the bill of complaint as replications are no longer available.

So the order striking the plea should be quashed.