Johnston v. Smith

Supreme Court of Florida November 19, 1918

Johnston v. Smith, 76 Fla. 474 (Fla. 1918)

80 So. 184

Browne, Ellis, Taylor, West, Whitfield

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*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.

Reference

Full Case Name: C. E. Johnston, Trustee, in Error v. Katherine S. Smith and Husband, George F. Smith, in Error
Cited By: 1 case
Status: Published