BLACKSTONE HOLDING COMPANY
v.
W. H. LAWRENCE, ET AL.
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This case addresses the priority of judgment liens on personal property when multiple creditors have judgments against the same debtor. The Florida Supreme Court affirmed a lower court's decision that the lien effective date is when the execution is placed in the sheriff's hands, thus prioritizing the earliest filed execution.
The court held that the lien of a judgment creditor on personal property becomes effective from the date the execution is placed in the hands of the sheriff for execution.
“The circuit court held that the lien of the judgment creditor operated and became effective from the date it was placed in the hands of the sheriff for execution.”
Establishes the lower court's ruling on the effective date of the judgment lien.
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Join FLexlaw to unlock all legal intelligenceCentral Hanover Bank & Trust Company obtained two judgments against E. W. Thompson in 1931 and 1932, placing executions with the sheriff. Blackstone H…
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In September, 1931, Central Hanover Bank & Trust Company secured a final judgment in a common law action against E. W. Thompson. In October following, execution was placed in the hands of the sheriff with instructions to realize on the judgment. In April, 1932, in an entirely different action, Central Hanover Bank & Trust Company obtained a second judgment against E. W. Thompson, and execution was .placed in the hands of the sheriff as before.
In 1935 and 1936, Blackstone Holding Company secured judgments against E. W. Thompson and likewise placed executions in the hands of the sheriff to collect the judgment. A controversy arose as to which creditor’s judgment should first be satisfied, being limited to personal property. *704The circuit court held that the lien of the judgment creditor operated and became effective from the date it was placed in the hands of the sheriff for execution.
The lien of Central Hanover Bank & Trust Company was first secured and placed in the hands of the sheriff. The court therefore was correct in holding that it should first be satisfied. Love v. Williams, 4 Fla. 126; Goodyear Tire & Rubber Co. v. Daniel, 72 Fla. 489, 73 So. 592; Pasco v. Harley, 73 Fla. 819, 75 So. 30.
Other questions argued by the plaintiff in error have been considered but we think they are all concluded by what we have said.
Affirmed.
Terrell, C. J., and Buford and Thomas, J. J., concur.
Whitfield, J., concurs in opinion and judgment.
Justices Brown and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Krauth v. First Cont'l Dev-Con, Inc., 351 So. 2d 1106 (Fla. 4th DCA 1977)…of personal property. In the ordinary execution process, where more than one judgment has been obtained against a debtor, the one first put in the hands of the sheriff for execution should be the first satisfied. Blackstone Holding Co. v. Lawrence, 140 Fla. 703, 192 So. 198 (1939). Execution becomes a lien on personal property from the time the writ is delivered to the sheriff, superior to liens created by writs delivered to the sheriff at later times. Bank of Hawthorne v. Shepherd, 330 So. 2d 75 (Fla. 1st…
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Salina Mfg. Co. v. Diner's Club, Inc., 382 So. 2d 1309 (Fla. 3d DCA 1980)…priority as to funds secured through levy upon property of a debt- or which is subject to execution is determined by the order in which the respective writs of execution are received by the sheriff. Blackstone Holding Co. v. Lawrence, 140 Fla. 703, 192 So. 198 (1939); Goodyear Tire & Rubber Co. v. Daniell, 72 Fla. 489, 73 So. 592 (1916); Love v. Williams, 4 Fla. 126 (1851). This doctrine is, however, inapplicable to the present situation. As we have noted, since the boat was legally titled by the entiret…
Authorities Cited
- Pasco v. Jamis T. Harley, 73 Fla. 819 (Fla. 1917)
- Tampa Bay Apt. Hotel Co. v. Monrose, 73 Fla. 894 (Fla. 1917)
- Love v. Williams, 4 Fla. 126 (Fla. 1851)
- Goodyear Tire & Rubber Co. v. Daniel, 72 Fla. 489 (Fla. 1916)