PORTER-MALLARD CO., ET AL.,
v.
J. D. DUGGER
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The Florida Supreme Court reversed an injunction preventing the sale of property under execution on a judgment lien. The court held that a judgment lien obtained in 1915 attached to the property when the judgment debtor acquired title in 1920, and the subsequent conversion of the property into a homestead in 1924 did not defeat the pre-existing judgment lien.
The court held that the judgment lien attached to the property at the time the judgment debtor acquired title in 1920, prior to any claim of homestead exemption, and therefore the subsequent designation of the property as a homestead did not defeat the pre-existing judgment lien.
“The lien of the judgment attached to the property eo instanti the acquisition of title to it by Rowe, and the fact that Rowe later made it his homestead, and that it was undoubedly Rowe's homestead in 1924 when he conveyed it to Dugger, did not defeat the already acquired judgment lien on it growing out of the record of the Porter-Mallard Company's judgment in 1915, some nine years prior to the conveyance to Dugger, and prior to its conversion into a homestead by Rowe.”
Establishes the central holding that a pre-existing judgment lien is not defeated by subsequent homestead designation.
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Join FLexlaw to unlock all legal intelligencePorter-Mallard Company obtained a judgment against J. A. Rowe in 1915 and recorded it in Baker County. Rowe acquired the property in question by deed …
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This is an appeal from a final decree in favor of appellee rendered in an equity suit brought by appellee to enjoin the sale, under writ of execution under a judgment obtained in 1915 by the Appellant, Porter-Mallard Company, against one J. A. Rowe, the grantor of the complainant, Dugger, of a house and land alleged by complainant to have been, at the time of the conveyance in 1924 to complainant, the homestead of the said grantor, J. A. Rowe, and therefore exempt from execution sale as provided in Section 1, Article X, Constitution of Florida.
Rowe acquired the title to the land in controversy by deed dated October 15, 1920, and recorded his deed on July 29, 1921. The Porter-Mallard Company judgment was obtained in Duval County and was' recorded in Baker County in the foreign judgment record on October 14, 1915. The lien of the judgment attached to the property eo instanti the acquisition of title to it by Rowe, and the fact that Rowe later made it his homestead, and that it was undoubedly Rowe’s homestead in 1924 when he conveyed it to Dugger, did not defeat the already acquired judgment lien on it growing out of the record of the Porter-Mallard Company’s judgment in 1915, some nine years prior to the conveyance to Dugger, and prior to its conversion into a homestead by Rowe.
The lien of a judgment at law attaches' to and binds the *139real' estate of the defendants therein acquired subsequent to the rendition or recording thereof. Harrison v. Roberts, 6 Fla. 711. As against a judgment creditor a piece of land with no house upon it cannot be claimed as a homestead, although the claimant has made preparations for building and moving into a home thereon. Drucker v. Rosenstein, 19 Fla 191; Matthews v. Jeacle, 61 Fla. 686, 55 Sou. Rep. 865; Pasco v. Harley, 73 Fla. 819, 75 Sou. Rep. 30; First Natl. Bank of Chipley v. Peel, 107 Fla. 413, 145 Sou. Rep. 177. The case of Milton v. Milton, 63 Fla. 533, 58 Sou. Rep. 718, is not in conflict with, nor was its effect to overrule the earlier cases that were decided on materially different facts.
Reversed.
Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.
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Citator
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AETNA Ins. Co. v. LaGASSE, 223 So. 2d 727 (Fla. 1969)…TS, J., dissents with Opinion. ERVIN, C. J., dissents with Opinion and concurs with ROBERTS, J. . LaGasse v. Aetna Ins. Co., Fla.App.1968, 213 So. 2d 454, 459. . Ibid., p. 457. . Kingsley v. Broward, 19 Fla. 722. . Porter-Mallard Co. v. Dugger, 117 Fla. 137, 157 So. 429. See also Pasco v. Harley, 73 Fla. 819, 75 So. 30; First Nat'l Bank of Chipley v. Peel, 107 Fla. 413, 145 So. 177; Giddens v. McFarlan, 152 Fla. 281, 10 So. 2d 807; Abernathy v. Gruppo, Fla.App.1960, 119 So. 2d 398. . Anemaet v. Martin…
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Simpson v. Simpson, 123 So. 2d 289 (Fla. 2d DCA 1960)…ment became a lien on the land on the date of its rendition, and that lien could not be cancelled by the attempted conversion of the property into a homestead after the lien attached. The court similarly held in Porter-Mallard Co., et al. v. Dugger, 117 Fla. 137, 157 So. 429, that land which at the time of purchase by judgment debtor had no house upon it could not be claimed as homestead so as to prevent prior recorded judgment from attaching to it, even though the debtor had made preparations for building…
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Bessemer v. Gersten, 381 So. 2d 1344 (Fla. 1980)…regard to the time of attachment of the lien, this case is to be treated as if the respondents had taken title subject to a valid pre-existing lien. Since the acquisition of homestead status does not defeat prior liens, Porter-Mallard Co. v. Dugger, 117 Fla. 137,157 So. 429 (1934); Pasco v. Harley, 73 Fla. 819, 75 So. 30 (1917), the lienor’s right prevails over the respondents’ homestead right. The decision of the district court of appeal is quashed. This cause is remanded to that court with directions to…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Milton v. Milton, 63 Fla. 533 (Fla. 1912)
- Pasco v. Jamis T. Harley, 73 Fla. 819 (Fla. 1917)
- Tampa Bay Apt. Hotel Co. v. Monrose, 73 Fla. 894 (Fla. 1917)
- Drucker v. Rosenstein, 19 Fla. 191 (Fla. 1882)
- The First Nat'l Bank of Chipley v. Peel, 107 Fla. 413 (Fla. 1932)
- Matthews v. Jeacle, 61 Fla. 686 (Fla. 1911)
- Ephraim L. Harrison and wife v. Hiram Roberts, 6 Fla. 711 (Fla. 1856)