Johnston v. Smith
| Citation | 80 So. 184,76 Fla. 474 |
| Parties | JOHNSTON v. SMITH et al. |
| Decision Date | 19 November 1918 |
| Court | Florida Supreme Court |
Error to Circuit Court, Volusia County; Murray Sams, Referee.
Action by Katherine S. Smith and husband, George F. Smith, against C. E. Johnston, trustee. Judgment for plaintiffs, and defendant brings error. Reversed.
Hilburn & Merryday, of Palatka, for plaintiff in error.
Landis, Fish & Hull, of De Land, for defendants in error.
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.
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Leslie Bros. v. Roope
...be held authorized to proceed to enforce the attachment and judgment thereon, unless same should be duly paid. The case of Johnston v. Smith, 76 Fla. 474, 80 So. 184, involved an attempt by attachment at law to subject property to the payment of debts against it. It was there held that the ......