Johnston v. Smith

Supreme Court of Florida

Johnston v. Smith

80 So. 184, 76 Fla. 474

Supreme Court of Florida·Decided November 19, 1918·Published·Cited by 1 cases

Opinion

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[475]*475ceeding should be in equity and not by action at law.and attachment.

Reversed.

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

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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[475]*475ceeding should be in equity and not by action at law.and attachment.

Reversed.

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

Johnston v. Smith, 80 So. 184, 76 Fla. 474 (Fla. 1918).

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