M. H. Depass v. H. M. Chitty

TERRELL, J. -- Mary Ann Chitty, the mother of Samuel R. Chitty and appellees here, died testate in August, 1919, seized and possessed of certain lands in Alachua County, Florida. In December, 1919, Samuel R. Chitty and his sister, Annie Taylor, filed their bil of complaint in the Circuit Court of said County of Alachua against the children and grandchildren of deceased praying for partition of said lands. Notice of lis pendens was filed and recorded along with the bill for partition. Six days after filing the partition suit appellant, M. H. DePass, sued Samuel R. Chitty on a promissory note and recovery judgment against him June 20, 1920, for the sum of $385.00 and costs.