Cator v. Blount

Citations

• 41 Fla. 138

Syllabus

<p>1. A creditor by filing with an assignee for creditors his debt against the assignor, and accepting from such assignee a pro rata dividend upon such debt, in accordance with the terms of a general assignment for creditors made under the statutes of this State, does not thereby affect his right to subject to his debt • personal property reserved by the assignor from his assignment as exempt, but which in law is not exempt from such creditor’s debts, because the debt was contracted for the purchase money of the property.</p> <p>2. Under Section 1, Article X Constitution of 1885, “no property shall be exempt from sale * i:' * for the payment of obligations contracted for the purchase of said property,” and a debtor cannot by selecting certain personal property as a part of his exemption, and excepting same from the operation of a general assignment made by him clothe such property with an exemption from sale for the payment of obligations contracted for the purchase thereof.</p>