Opinion
July 15, 1952. Rehearing Denied October 7, 1952.
Appeal from the Circuit Court for Polk County, D.O. Rogers, J.
L.D. Martin, St. Petersburg, for appellant.
Carver Langston, Lakeland, for appellee.
This is an appeal from a final decree dismissing a bill of complaint on defendant's motion after plaintiff had declined the opportunity to amend.
The bill seeks partition and accounting. Attached to the bill is a contract between the parties which specifically declares that appellant had no equity in the property involved, as such, but only a beneficial interest in whatever proceeds may be derived from the sale thereof, and again the last paragraph of this same contract states that appellant acknowledges that she has no interest whatsoever in the property but only in the proceeds of sale, or as otherwise provided therein, and that the appellant will look solely to the appellee, or her personal representative, for payment. There is no allegation in the bill that under the terms of said contract at the time it was filed the time for any accounting by the appellee to appellant had arrived.
It is therefore ordered that the decree appealed from be affirmed.
SEBRING, C.J., and THOMAS and MATHEWS, JJ., concur.