Johnston v. Smith

76 Fla. 474 | Fla. | 1918

Whitfield, J.

An action at law with ancillary attachment brought against Johnston, Trustee, resulted in a judgment for the plaintiffs, and the trustee took writ of error. Where it is sought to subject trust property to the payment of debts chargeable against it, the proceeding should be in equity and not by action at law.and attachment.

Reversed.

Browne, C. J., and Taylor,, Ellis and West, J. J., concur.

Case Details

Case Name: Johnston v. Smith

Court Name: Supreme Court of Florida

Date Published: Nov 19, 1918

Citation: 76 Fla. 474

Court Abbreviation: Fla.