JOHN ZIEGLER, RELATOR,
v.
R. C. BAKER, AS SHERIFF OF PALM BEACH COUNTY, FLORIDA, RESPONDENT
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A Florida Supreme Court mandamus proceeding establishing that a sheriff must execute a deed to an execution sale purchaser (the judgment creditor) even when the sale proceeds are insufficient to pay outstanding tax liens, provided the sheriff collects costs from the purchaser.
A sheriff must execute a deed to the judgment creditor purchaser and collect costs from the bid, with all tax liens remaining against the property with the same force and effect as if no sale had been made, when the proceeds are insufficient to pay all outstanding taxes enumerated in the statute.
“It appears to be well settled that where a judgment creditor is the purchaser of property under execution sale and the amount of his bid is less than the amount of his judgment, he is entitled to have sheriff's deed executed conveying the title to him upon payment of the cost.”
Establishes the general rule that judgment creditors are entitled to deeds even when bid is less than judgment amount.
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Join FLexlaw to unlock all legal intelligenceThe judgment creditor obtained a judgment for $573.28 against property in Palm Beach County. At execution sale, the judgment creditor was the highest …
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—This is an original proceeding in Man-*500damns in this Court to require Sheriff R. C. Baker of Palm Beach County to make sheriff’s deed to lands sold under execution to the execution creditor, where the lands were sold for less than the amount of the judgment and sold for less than the taxes assessed outstanding and unpaid against the property, upon payment of the costs.
It appears to be well settled that where a judgment creditor is the purchaser of property under execution sale and the amount of his bid is less than the amount of his judgment, he is entitled to have sheriff’s deed executed conveying the title to him upon payment of the cost.
In this case the Sheriff declined to make the deed because the taxes outstanding and unpaid lawfully assessed against the property amounted to more than $573.28, the amount of the judgment, and the same-could not be paid by him as provided by section 1, Chapter 10285, Acts of 1925, section 954, C. G. L.
The record discloses that the judgment was for $573.28, that the taxes lawfully assessed and outstanding against the property amounted to more than this sum and that the highest and best bid at the execution sale was that made by the judgment creditor in the sum of $100.00. As has been heretofore held by this Court, in City of Sanford vs. Dial, opinion filed January 12, 1932, reported 139 So. 144, and in the case of State of Fla. ex rel. East Shore Co. et al. vs. The Honorable Elwyn Thomas, as Judge of the Circuit Court, etc., opinion filed at this term of Court, the section of the statute here under consideration necessarily contemplates its application when the proceeds of the sale are sufficient .to pay the taxes and tax liens enumerated in the statute; and it folloAvs that if proceeds of the sale are not sufficient to pay such taxes the officer making the sale and whose duty it is to make the deed is not authorized to select one or another *501of the items of taxes and pay that in preference to others, but the proceeds being insufficient to pay all taxes which may be found to be outstanding and the assessment of which constitutes a lien on the property, it is his duty to make the deed just as if this section of the statute did not exist, in which event all liens for taxes will remain liens against the property with the same force and effect as if no sale had been made. It, therefore, follows that in such cases as that which we now have under consideration it is the duty of the Sheriff to collect the costs from the judgment creditor and credit the remainder of the bid on the execution and make Sheriff's Deed as directed by the judgment creditor.
The peremptory writ should issue. It is so ordered.
Ellis and Brown, J.J., concur.
Whitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment.
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Fam. Invs., Inc. v. Nat'l Title Ins. Co., 136 So. 2d 646 (Fla. 3d DCA 1961)…prior cases regarding its construction of § 954, C.G.L., now § 192.28, Fla.Stat., F.S.A., set forth in the cases of Williams v. Howarth, 102 Fla. 709, 136 So. 345; State ex rel. East Shore Co. v. Thomas, 104 Fla. 501, 142 So. 240; Ziegler v. Baker, 104 Fla. 499, 142 So. 241; Collins Avenue & Ocean Inv. Co. v. Crawford, 114 Fla. 469, 154 So. 211; Taylor v. Finlayson, 128 Fla. 444, 176 So. 44. The substance of the holdings in these [*648] latter cases is that two elements must be present before § 192.28 beco…1 / 2
Authorities Cited
- Kirklands v. Town of Bradley, 104 Fla. 390 (Fla. 1932)