Baars v. Creary

Citations

• 23 Fla. 311

Syllabus

<p>I. The purpose of the claim statute is to provide a summary remedy for a stranger to an execution (taken as one of the writs to which it applies) who claims title to property levied on, to have the question of the superiority of his alleged title, over the right of the plaintiff in execution to subject the chattel to the satisfaction of his execution, settled, and recover possession of the chattel if his title is found superior.</p> <p>2. A claimant, under the claim statute, of property upon which an execution against another person has been levied, cannot upon the trial of the claim issue object to the illegality or irregularity of the execution. These are questions for the defendant in execution to raise by a direct proceeding, and the claim st-itute was never intended to give a remedy against illegal or irregular executions.</p> <p>3. The “right of property ” or issue to be tried under the claim statute is an issue of superiority as between the right of the p’aintiff in execution to subject the chattel to the satisfaction of his writ, and the claimant’s title, as against such right, or, in other words, an issue of the liability of the property to the plaintiff’s execution as against the claimant’s title, if he has any. It is not a mere question as to whom the legal title and possession of the chattel were in at the time of the levy of the execution.</p> <p>4. The proceedings for the enforcement of liens on buildings, mills, machinery, &c., and on steamboats and vessels in their home ports, under the act of 1868, as amended in 1877 (Chapter 1632, 3042, McC’s. Dig., 721, 723) are at law.</p> <p>5. Suit was brought against D. & R. Piaggio to enforce their claim and lien for labor and materials furnished for the repair of the steam tug boat Jumbo, and judgment was rendered‘reciting that “ evidence and lien proof ” was introduced, and adjudging that the plaintiffs have and recover of and from said defendants $266.70 ; and it was also “adjudged and directed by the c