R. D. CHOQUETTE AND JOSEPHINE CHOQUETTE, HIS WIFE, APPELLANTS,
v.
E. E. DODGE, APPELLEE
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The Florida Supreme Court reversed a partition decree, holding that a homestead property was exempt from attachment and execution sale, thus rendering the sale ineffective.
The court held that the property was exempt as a homestead and therefore not subject to the asserted lien and execution sale. Consequently, the sale was ineffective and could not form the basis for a partition suit.
“it is clear that the property was the homestead of Hall or of Hall and Armstrong, and that it was exempt from the asserted lien and execution sale under judicial process.”
Establishes the core reasoning for the reversal based on homestead exemption.
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Join FLexlaw to unlock all legal intelligenceHall and wife conveyed a half-interest in their homestead to Armstrong, who lived on the property. Attachment proceedings were initiated against Armst…
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Per Curiam.
It appears that one Hall and wife conveyed an undivided one-half interest in their homestead real estate to one Armstrong, who, with his family, lived with Hall and his family on the place. By alleged at tachment proceedings against Armstrong a lien was attempted to-be placed on Armstrong’s interest' in the property. and after a sale under execution of Armstrong’s one-half interest to Dodge, he brought suit for partition against Choquette and wife, Armstrong and wife having reconveyed their interest to Hall, who conveyed the property to Choquette. Partition was decreed and an appeal taken.
Independent of the question of fraud in the conveyance of a one-half interest to Armstrong and of the asserted failure of consideration for such conveyance, “all of which was well known to the complainant,” it is clear that the property was the homestead of Hall or of Hall and Armstrong, and that it was exempt from the asserted lien and execution sale under judicial process. As the asserted process lien and sale did not affect the homestead rights, the sale of the homestead by the owners could not give effect-to an attempted lien and subsequent execution sale that were never effective.
Decree reversed.
Taylor, Whitfield, Ellis and West, J. J., concur. Browne, C. J., not participating.