ANNIE C. MERIWETHER
v.
E. H. KILBEE AND W. G. KILBEE

Fla. | 1944-06-27
BUFORD, C. J., CHAPMAN and ADAMS, JJ., concur.
154 Fla. 631 Florida Supreme Court (1944) Positive Treatment
Also reported at: 18 So. 2d 534
Cited by 3 cases

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Synopsis

This case involves a dispute over whether lands acquired by a drainage district through tax foreclosure can be subject to execution under a common law judgment. The Florida Supreme Court held that such lands are held in trust for the benefit of all creditors of the district and are therefore not subject to execution by individual judgment creditors.


Holding

Lands acquired by a drainage district through foreclosure of delinquent tax liens are held by the district for the benefit of all creditors and are therefore not subject to execution to satisfy a common law judgment.


Key Quotes

“the question presented is whether or not lands acquired by a drainage district (organized under Chapter 298, Florida Statutes, 1941) by foreclosure of delinquent tax assessment liens is subject to levy and sale under an execution issued on a common law judgment secured against the district”

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Facts & Procedural History

The New Smyrna DeLand Drainage District foreclosed on delinquent drainage tax liens, and the supervisors bid in the lands in the district's name. The …

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Opinion of the Court
TERRELL, J.:

TERRELL, J.:

New Smyrna DeLand Drainage District brought a bill in equity to foreclose the lien of delinquent drainage tax certificates. At the special master’s sale, the lands of the plaintiffs and others were bid in by the supervisors of the district in the name of the district for which master’s certificate was issued. The plaintiffs then purchased that portion of the master’s certificate covering the lands in question and after the expiration of the time for redemption applied for master’s . deed which was issued to them by the order of the Court December 7, 1942.

Annie C. Meriwether acquired by assignment four judgments that had been secured against the drainage district by others before the foreclosure but they were purchased by her after the master’s certificates were assigned to the plaintiffs. Shortly after purchasing these judgments Annie C. Meri-wether secured an execution and caused a levy to be made on the lands by the Sheriff of Volusia County. A temporary restraining order was issued to prevent the sale which was made permanent on final hearing.

The question presented is whether or not lands acquired by a drainage district (organized under Chapter 298, Florida Statutes, 1941) by foreclosure of delinquent tax assessment liens is subject to levy and sale under an execution issued on a common law judgment secured against the district.

*633It appears that when a drainage district forecloses its liens for non payment of drainage taxes, the certificate of sale conveys only an equitable interest because the original owner is given a year to redeem the land which is accomplished by application to the court and securing a master’s deed.

Section 298.46, Florida Statutes, 1941, defines the duty of the supervisors as to such lands and is as follows:

“Shall be held and disposed of by the Board of Supervisors at such price and on such terms as in the discretion of the Board may be for the best interests of the district; and in the sale or disposal of such lands, the Boards of Supervisors may, in their discretion, accept in payment or part payment therefor, any bonds or interest coupons of the district which are past due, at their face value with accrued interest.”

An analysis of the foregoing and other provisions of the law affecting drainage districts convinces us that all lands acquired by the district by foreclosure are to be held by the district and disposed of for the benefit of all creditors. If this reasoning is correct, then they are not subject to execution to satisfy a common law judgment. We find nothing in the general drainage law to the contrary though we do find where mandamus may be employed against the district. Other provisions of the general drainage law are to like effect.

Affirmed.

BUFORD, C. J., CHAPMAN and ADAMS, JJ., concur.


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Citator

Cited By

  • Berek v. Metro. Dade Cnty., 396 So. 2d 756 (Fla. 3d DCA 1981)
    …or may not obtain a lien against or levy execution against the property or funds of a state, county or municipal corporation in the absence of express authorization. See 30 Am.Jur.2d, Executions § 195-201 (1967); Meri-wether v. Kilbee, 154 Fla. 631, 18 So. 2d 534 (1944); City of Bradenton v. State ex rel. Oliver, 117 Fla. 578, 158 So. 165 (1935); City of Coral Gables v. Hepkins, 107 Fla. 778, 144 So. [*760] 385 (1932); State ex rel. Montgomery v. City of Fort Pierce, 106 Fla. 845, 143 So. 733 (1932); Special…

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