Johnston v. Smith

Supreme Court of Florida

Decided November 19, 1918

Supreme Court of Florida · decided 1918-11-19

<p>Writ of Error to Circuit Court for Volusia County; Murray Sams, Referee.</p>

Cited by 1 later decisions — most recently February 1933

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1918-11-19

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Whitfield, J.

¶1An 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*475ceeding should be in equity and not by action at law.and attachment.

¶2Reversed.

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