Budd v. Long

Citations

• 13 Fla. 288

Syllabus

<p>t. Where the land of one is levied upon to satisfy the debt of another, a bill for injunction may be maintained to restrain the sale, notwithstanding the party injured may have an action at law, an actual sale having the effect of bringing a cloud upon his title and affecting the value of the property to an extent not easily susceptible of measurement or redress at law.</p> <p>2. A Court of Equity will not enjoin a judgment and execution on the ground that there were errors and irregularities in the proceedings anterior to judgment, the correction of such errors being the proper subject of motion or writ of error.</p> <p>3. A levy by virtue of an ancillary attachment upon lands, creates a lien upon the land, of which subsequent purchasers are bound to take notice, and an irregularity anterior to the issuing of the attachment does not affect the lien.</p> <p>4. A free colored person was not in the year 1863 prohibited by law from taking titles to or owning real estate in this State.</p>