Armour v. Doig

Citations

• 45 Fla. 162

Syllabus

<p>1. In the trial of an action at law brought by a creditor of the assignor, attaching an assignment for the benefit of creditors, declarations and statements made by the assignor within six months before the date of the deed of assignment tending to show that he had a much larger amount of property than he turned over to his assignee, it appearing that he had suffered, no material losses between the'date of his declarations and statements and the date of his assignment, are competent evidence upon the questions whether he did turn over all his property to his assignee, and whether the assignment was fraudulent and void, and the exclusion of such evidence was erroneous.</p> <p>2. A deed of assignment which requires the assignee to sell the assigned property with all reasonable dispatch does not necessarily impose upon the assignee the duty of proceeding in any manner contrary to the statutory directions, and is not for that reason void.</p> <p>3. A deed of assignment which conveys a part of the assigned property “subject to homestead exemption” is not void because the assignee is therepy charged with a trust in favor of the assignor, when it is followed by a general conveyance of all the assignor’s property, “except such property as is exempt by law from levy and sale under execution and laws of Florida,” and it appears from the whole deed that the assignor did not intend to waive his exemption, ■ but did intend to claim it.</p> <p>4. A deed of assignment is not void because of a provision ' which authorizes the assignee, out of the proceeds of the trust property, to pay and discharge all just and reasonable expenses of executing the assignment and carrying into effect the trust created, together with all legal and proper compensation and commissions of the assignee for his services in executing the trust.</p>