Reid v. Barry
| Decision Date | 04 December 1925 |
| Citation | 107 So. 264,90 Fla. 772 |
| Parties | REID et al. v. BARRY. |
| Court | Florida Supreme Court |
Suit by Patrick Barry, as Bishop, etc., against R. R. Reid, for himself and as executor of the will of R. R. Reid, Sr., and another, to quiet title. From an order overruling a demurrer to the complaint, defendants appealed, and applied for an order superseding an interlocutory decree fixing the amount and condition of the supersedeas bond which was granted, and plaintiff moves to dissolve the order of supersedeas.
Motion denied.
Syllabus by the Court
Section 3170, Revised General Statutes, provides that no appeal from an interlocutory decision, judgment, or decree of a circuit court sitting as a court of equity shall operate as a supersedeas, unless the judge of the court or justice of the Supreme Court shall, on an inspection of the record, order and direct a stay of proceedings. When such an order is made the effect of it is to stay all proceedings in the circuit court upon the bill of complaint.
No provision is made in the statute for notice to the appellee of the application for a supersedeas. The matter of granting a stay of proceedings in within the discretion of the circuit judge or the justice of the Supreme Court to whom the application is made.
In cases where a stay order merely has the effect to obtain delay in the matter of coming to an issue upon the merits the better practice may be to require notice to the appellee of the application for such order before granting it.
Dowda & Canon and Hilburn & Merryday, all of Palatka, for appellants.
Massey Warlow & Carpenter, of Orlando, for appellee.
The appellee exhibited his bill in chancery against Robert R Reid and Jesse C. Ireland to quiet the title to a certain tract of land situated in the city of Orlando, in Orange county, and to declare the complainant, as bishop of St. Augustine, to be the owner in fee of the described land. A demurrer to the bill was interposed by Jesse C. Ireland and Rober R. Reid personally and as executor of the will of Robert R. Reid, Sr., deceased.
By agreement of counsel the bill was amended, and the demurrer stood to the bill as amended.
The demurrer was overruled.
From that order the defendants appealed and applied for an order superseding the interlocutory decree and fixing the amount and condition of the supersedeas bond.
The order of the court was that the interlocutory decree 'be and the same is hereby superseded and further proceedings stayed' upon the furnishing by the defendants of a bond, the amount and conditions of which were fixed by the court.
The appellee by his counsel moved to dissolve the 'order of supersedeas' upon the grounds that it prolongs the litigation; delays the final adjudication of the cause; that it is calculated to cause great loss to the appellee, and tends to hold up the progress of Orlando; that it prevents the appellee from proceeding with the cause against the 'defendants who entered no appearance in this cause'; and that the order was made without notice to appellee or his counsel.
The bill made 'all parties claiming interests under Robert R. Reid, Sr., deceased, as heirs, devisees, grantees, or claimants under him,' parties defendant. There was proof of service of process by publication upon Robert R. Reid and other unnamed defendants. Jesse C. Ireland appeared.
The bill alleges that the diocese of the Roman Catholic Church in Florida comprises all the state, except a small part in West Florida, and is under the management and control of the bishop of St. Augustine, and that, since the year 1881, it has been the custom of the church to take the title to property acquired by it in the diocese of St. Augustine in the name of the bishop of St. Augustine for the time being and his successors in office, with power to the bishop to sell and dispose of the same for the benefit of the church organizations.
That in May, 1881, Robert R. Reid and his wife conveyed the land described to the Right Reverend John Moore, bishop of St. Augustine, Fla., and his successors in office and assigns forever. That ever since then John Moore and his successors in office have been in the actual possession of the premises, using them for church, rectory, and school purposes, and that Patrick Barry, bishop of St. Augustine, is now in actual possession of the property.
It is alleged that Robert R. Reid died in the year 1900,...
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Reid v. Barry
...from title. From an order overruling the defendants' demurrer to the complainant's bill, defendants appeal. Affirmed. See, also, 90 Fla. 772, 107 So. 264. by the Court SYLLABUS Common-law rule that use of 'heirs' was ordinarily indispensable to conveyance of estate of inheritance formerly p......
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