C. E. JOHNSTON, TRUSTEE, PLAINTIFF IN ERROR,
v.
KATHERINE S. SMITH AND HUSBAND, GEORGE F. SMITH, DEFENDANTS IN ERROR
C. E. JOHNSTON, TRUSTEE, PLAINTIFF IN ERROR,
KATHERINE S. SMITH AND HUSBAND, GEORGE F. SMITH, DEFENDANTS IN ERROR
76 Fla. 474
Florida Supreme Court (1918)
Caution
Cited by 2 cases
Opinion of the Court
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 pro ceeding should be in equity and not by action at law.and attachment.
Reversed.
Browne, C. J., and Taylor,, Ellis and West, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Leslie Bros. Inc. v. Roope, 108 Fla. 289 (Fla. 1933)…that the defendant, George W. Roope, and the Sheriff of Dade County, acting under his instructions, should be held authorized to proceed to enforce the attachment and judgment thereon, unless same should be duly paid. The case of Johnson v. Smith, 76 Fla. 474, 80 South. Rep. 184, involved an attempt by attachment at law to subject trust property to the payment of debts against it. It was there held that the proceedings should have been in equity, and not by action at law with attachment. In this case the…