53 Fla. 1055 | Fla. | 1907
The appellant filed a bill against Isaac N. Garrison to enforce a mortgage given by one Laura M. Garrison upon property which upon her death passed to her devisee, the said Isaac N. Garrison. The answer of Garrison stated that before the bill ivas filed he had conveyed the mortgaged property to one Virginia Barnett, wife of Williami J. Barnett. The bill was amended by making Virginia Barnett a party defendant and subpoena was served upon her as such defendant. A decree rendered in favor of the complainant was, upon appeal to this court, reversed. Garrison v. Parsons, 45 Fla. 335, 33 South. Rep. 525. In the subsequent proceedings it appears that Virginia Barnett and her husband conveyed the land to Theodore S. Coogler, Sr., and Francis B. Coogler, and that Isaac N. Garrison also executed a deed of conveyanee of the land to Theodore S. Coogler, Sr., and Ftancis B. Coogler. It also appears that
The court in dismissing the bill on final hearing “considered, ordered and adjudged that the complainants have not sustained the allegations of their said bill and that the same should be dismissed.”
The answer does not deny the execution of the mortgage nor even call for proof thereof; and it admits all the allegations of the bill “not sufficiently answered, avoided or denied.” It states facts from which payment may be inferred. This is new matter in confession and
As the parties appear to have misconceived the status and effect of the pleadings, the decree is reversed and the cause is remanded with leave to the trial court to allow the parties a reasonable time within which to take proper proofs under the issues of the case, or to make such orders in the case as justice demands.