S. JACOBS, PLAINTIFF IN ERROR,
v.
JOHN SCHEURER, DEFENDANT IN ERROR
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In an ejectment action, the Florida Supreme Court held that a judgment creditor's execution sale purchaser took title subject to a prior deed that had been defectively recorded initially but was properly re-recorded before the execution sale, because the re-recording constituted constructive notice under Florida law.
The court held that Jacobs took title subject to Scheurer's interest because the proper re-recording of the conveyance on March 16, 1907, before the execution sale constituted constructive notice to the execution sale purchaser, making Jacobs a purchaser with notice under Florida statute.
“The judgment rendered against John T. Lesley was a general lien on his real estate without reference to the record of his title, and as he had before the judgment was rendered conveyed the land it was not subject to the judgment against him when the liability on which the judgment was recovered 'had no relation to the property and accrued subsequent to' the conveyance in 1886.”
Establishes that the judgment lien does not attach to property previously conveyed by the judgment debtor, especially when the underlying liability post-dates the conveyance.
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Join FLexlaw to unlock all legal intelligenceJohn T. Lesley conveyed land to Scheurer by deed on May 19, 1886. The initial recording on August 9, 1886 omitted the property description. A judgment…
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Whitfield, C. J.
— In an action of ejectment Sclieurer recovered certain real estate and Jacobs took a writ of error. It appears that on May 19th, 1886, John T. Lesley bj deed conveyed to Scheurer the land in controversy with other lands; that in the record of the deed on August 9, 1886, the description of this land was omitted; that on June 3, 1889, a judgment was procured against Lesley for a liability that “had no relation to said property and accrued subsequent to May 19,1886; that on March 16,1907, the conveyance from Lésley to Scheurer was again recorded showing that it covered the property in controversy; that an execution' was issued on the judgment and levied on the land as the property of Lesley on June 2, 1907, and a sale of the land under the execution of July 1, 1907, was made to S. Jacobs; that Jacobs had no personal knowledge of the improper record of the conveyance at the execution sale; that Jacobs was in possession of the property when Scheurer brought ejectment therefor. The court rendered judgment for the plaintiff.
The defendant, Jacobs, argues here that as the first record of the conveyance omitted the description of the land, the purchase of it by him at the execution sale without actual notice of the conveyance, gave him a good title as against Scheurer. The judgment rendered against John T. Lesley was a general lien on his real estate without. reference to the record of his title, and as he had before the jugdment was rendered conveyed the land it was not subject to the judgment against him when the liability on which the judgment .was recovered “had no relation, to .the property and accrued subsequent to the” conveyance in 1886.
The conveyance by Lesley to Scheurer made in 1886 was properly recorded on March 16, 1907, before the levy of the execution under which Jacobs purchased; and under the statute such record was notice to the purchaser at the execution sale on July 1, 1907, therefore Jacobs is not a purchaser without notice and consequently took his conveyance subject to the title of Scheurer, of which he had constructive notice.
The judgment is affirmed.
Taylor, Shackleford, Cockrell and Hocicer. J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Carolina Portland Cement Co. v. Roper, 68 Fla. 299 (Fla. 1914)…South. Rep. 516, 11 Am. St. Rep. 334. The acts of possession here asserted are wholly different from those shown in McAdow v. Wachob, 45 Fla. 482, 33 South. Rep. 702. In Mansfield v. Johnson, 51 Fla. 239, 40 South. Rep. 196, and Jacobs v. Scheurer, 62 Fla. 216, 57 South. Rep. 356, the question was the sufficiency of the record of the conveyances to protect the real owner of the land from the lien of a judgment obtained against the apparent owner of the record title. In this case the question is the suffic…
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Miller v. Berry, 78 Fla. 98 (Fla. 1919)…ty, nor had any beneficial interest whatever therein, and the law makes a judgment lien effective only as to the actual beneficial interest of the judgment debtor. Hunter v. State Bank of Florida, 65 Fla. 202, 61 South. Rep. 497; Jacobs v. Scheurer, 62 Fla. 216, 57 South. Rep. 356. [*100] . As to the second alternative, it seems clear that no estoppel operates to preclude complainant from showing the true facts. All the judgments against Miller existed before he acquired the deed in question. Credit was no…
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The First Nat'l Bank of Arcadia v. Savarese, 101 Fla. 480 (Fla. 1931)…la. 202, 61 So. 497, wherein the Court said: “The lien of a judgment attaches only to ‘the real estate of the defendant’. The statute makes the judgment lien effective only as to the actual beneficial interests of the defendant. Jacobs v. Scheurer, 62 Fla. 216, 57 South. Rep. 356, 23 Cyc. 1368. But if the record shows a beneficial interest in the defendant and there are no cireumstanees to rebut such showing or to put interested parties upon inquiry, when in fact the defendant has no beneficial interest o…
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