Opinion
July 16, 1943 Rehearing Denied September 10, 1943
A writ of certiorari to the Circuit Court of Hillsborough County, L.L. Parks, Judge.
Carl T. Hoffman, L.L. Robinson, Sam C. Matthews, and J. Lewis Hall, for petitioners.
Tillman Henderson, and Mabry, Reaves, Carlton White, for respondents.
ON REHEARING GRANTED
A rehearing having been granted and the Court having heard oral argument and further considered the record and briefs, it is ordered that we now adhere to our former judgment.
TERRELL, BROWN, CHAPMAN, THOMAS and ADAMS, JJ., concur.
BUFORD, C. J., dissents.
SEBRING, J., not participating.
On reconsideration of this case, I do not think that the allegations of the bill of complaint are sufficient to show that the defendant-Executors under the Gribbel will are barred from pleading the statute of non-claim. It is my opinion that the plea of non-claim either presented an issue with the burden of proof on the defendant, or else presented a condition requiring amendments to the bill of complaint as replications are no longer available.
So the order striking the plea should be quashed.