Barnes v. Mayo

Citations

• 19 Fla. 542

Syllabus

<p>1. An execution issued upon a judgment against A, under which, the sheriff levied upon and advertised for sale the land of B, does not tend to produce such a cloud upon the title of B as to authorize a court of equity to enjoin the sale, unless it appears that the judgment debtor had at some time a title or an interest in the land.</p> <p>2. So, where it is alleged in a bill filed to enjoin the sale that A, the debtor, never had a shadow of right, title or interest in the land levied on, such levy and a sale thereunder will not operate to give a prima facie right of action against B for the possession; and a cloud upon his title is not created which authorizes the court to decree an injunction. Budd vs. Long, 13 Fla., 288, criticised and explained.</p>