B. G. Lockett & Co. v. Robinson

Citations

• 31 Fla. 134

Syllabus

<p>1. Where alien upon land for improvements is claimed, under Chapter 1632, as amended by Chapter 3042, Laws of Florida, and the property on which the lien is claimed is conveyed to an assignee for the benefit of creditors, and then, under an agreement between the assignee and the claimant of -the lien, the property is. sold by the assignee and the funds derived from the sale are, by the terms of the agreement, deposited in bank to await the adjudication of the rights of the claimant of the lien, a court of equity will entertain jurisdiction of a bill to determine the validity of the lien and reach the funds.</p> <p>2. An assignee for the benefit of creditors has no better or greater rights in property assigned than his assignor. The assignee is bound where the assignor would be bound.</p> <p>3. Where notice of lien was filed within the time and in the manner prescribed by the statute, the lien is good against an assignee for the benefit of creditors, though he had no notice of the lien until after the execution and delivery of the assignment.</p> <p>4. Where a bill is filed against an assignee for the benefit of creditors to enforce a lien upon the assigned property, and no relief is.prayed against the assignor, the assignor is not a necessary party to the bill.</p>