60.04 Injunction; sureties on bond of fiduciaries may restrain disposition of principal’s property.—When actions are commenced on the bond of any executor, administrator, guardian or trustee, or for an accounting, the surety on the bond may apply to the court in which the action is pending, if in chancery, or if the action is at law, then to any chancery court having jurisdiction, for an injunction restraining any principal in the bond from disposing of his or her property and from encumbering or removing it from the county in which it is located until the final disposition of the action. If it appears on the application that there is danger that the principal may dispose of his or her property before final judgment so that there will not be sufficient property of the principal to satisfy any judgment that is rendered against the administrator, executor, guardian or trustee, the court shall issue an injunction on such terms as are proper, enjoining such principal from disposing of his or her property, or so much thereof as is necessary for the protection of the surety until the final disposition of the action. It is not necessary for the surety to show that any amounts are due by said administrator, executor, guardian or trustee but the judge granting the injunction may vacate it on the executor, administrator, guardian or trustee giving adequate security, to be approved by the court, to the surety conditioned to save him or her harmless for all loss or damage he or she sustains as surety.
History.—s. 1, ch. 5406, 1905; RGS 3183; CGL 4975; s. 15, ch. 67-254; s. 317, ch. 95-147.
Cited 92 times | Published | Court of Appeals for the Eleventh Circuit
...2d at 158 (quoting Black’s Law Dictionary 1080 (5th ed. 1979)).
Mississippi case precedent does little to elaborate on this privity
requirement. Traditionally, however, privity of estate is satisfied when a party
shows both horizontal and vertical privity. See 9 Powell on Real Property
§ 60.04(3)(c)(v) (Michael Allan Wolf ed., 2001 & Supp....
Published | Court of Appeals for the Eleventh Circuit
...2d at 158 (quoting Black’s Law Dictionary 1080 (5th ed. 1979)).
Mississippi case precedent does little to elaborate on this privity
requirement. Traditionally, however, privity of estate is satisfied when a party
shows both horizontal and vertical privity. See 9 Powell on Real Property
§ 60.04(3)(c)(v) (Michael Allan Wolf ed., 2001 & Supp....
traditional requirements have been met. E.g., § 60.04, Fla.Stat. (1991).* However, there is nothing in
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