Supreme Court of Florida, 1918

Johnston v. Smith

Johnston v. Smith
Supreme Court of Florida · Decided November 19, 1918 · Browne, Ellis, Taylor, West, Whitfield
76 Fla. 474; 80 So. 184

Johnston v. Smith

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.

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