have to amend the bill of complaint, by correcting the name of one of the
complainants and in other particulars set forth in the petition and the
Court being satisfied as to the truth of said petition and being advised
in the premises; Thereupon upon consideration hereof, It is ordered adjudged
and decreed that the prayers of the petitioners be and the same are hereby
granted and this cause is herein and hereby remanded to the Rules with
leave to the complainants to amend their bill of complaint of complaint
by alleging the name of one of the complainants as being "Mary A. Beattie
instead of "Annie E. Beattie", and by alleging that lots 1,2, & 12 of
section 19, in Township 8 south of Range 20 East were assessed and
sold with other property and valued with other property, and not
separately valued as required by the statute, and that by reason
of such fact the assessment and sale of said property, as alleged
in complainants, bill of complaint were illegal and void;
and further that the complainants have leave to make such
other and further amendents as they may deem proper. That said
amendments be filed within ten days from the date of this order
and that the defendant have leave to file such other and further
pleading within twenty days thereafter as it may deem proper
and that copies of said amended pleadings by the complainants
be served upon defendants counsel.
It is further ordered and decreed that the complainants do pay
such additional costs as may be incurred by reason of the
filing of said amended pleadings
Done and ordered at Chambers at Ocala Florida on this 26th day of
October AD 1899
Jos B. Wall
Judge of the 6th Judicial Circuit of Florida
sitting and acting for and in lieu of
the Judge of the 5th circuit
Filed October 27th 1899 Recorded October 30th 1899
H.C. Denton Clerk
pr S.H. Wienges DC
In the Circuit Court of Florida 5th Judicial Circuit
in and for Alachua County = In Chancery
A.J. DaCosta as Executor of the last will }
and Testament of Mary E. Shuford deceased }
vs }
William Dibble and Jonathan B. Bunce } Order allowing Rehearing Etc
as Executors of the last Will and Ttament }
of Calvin B. Dibble deceased and }
Jonathan B. Bunce }
This cause coming on to be heard upon the petition
for rehearing filed herein by complainant, and the same having been
submitted and the Court being advised in the premises; Thereupon
upon consideration hereof, it is ordered adjudged and decreed
|