Cathcart v. Turner

Citations

• 18 Fla. 837

Syllabus

<p>1. As'between landlord and tenant the tenant cannot claim an exemption from levy and sale of the products of the land rented as against the claim for rent or for supplies furnished by the landlord to support the tenant and his family or to cultivate the land, the title of the tenant thereto being subordinate to the lien created by the statute.</p> <p>2. An exemption of personal property from forced sale under legal process, to the extent of $1,000 in value, may be claimed under the Constitution, by a tenant entitled to claim exemption when his property is levied upon for the satisfaction of a claim for rent or supplies furnished by the landlord ; but such exemption cannot be claimed out of the products of the land rented where an express lien exists under the statute.</p> <p>3. A suit in equity cannot be maintained under the law of 1881 against a sheriff to enjoin him from taking proceedings to appraise and set apart personal property levied upon which is wrongfully claimed by a debtor to be exempt from forced sale, unless the sheriff actually does or threatens to do some act upon such wrongful claim tending to the injury of the creditor.</p>