Dorr v. Schmidt & Zeigler

Citations

• 38 Fla. 354

Syllabus

<p>1. The validity of an assignment for the benefit of creditors, may be tested in garnishment proceedings against the assignee.</p> <p>2. The act of 1880 (Chapter 8891), regulating assignments for the benefit of creditors did not violate any constitutional provision.</p> <p>3. A clause excepting such property as is exempt by law from forced sale in a deed of assignment of all the assignor’s property for the benefit of his creditors, does not render the instrument void for want of sufficient identification and description of the ¡property as being an attempt to convey an uncertain and undefined part only of a larger quantity or mass of property, nor does such clause per se make the assignment fraudulent as to creditors.</p> <p>4. A deed of assignment purported to convey all of the assignor’s property, real, personal and mixed, except such as was exempt by law from forced sale, and at the tirne of its execution the assignor delivered all his property, being personal, to the assignee, and then declared his intention to claim his exemp, tions out of the property assigned; subsequently the assigneedeeming it to be to the best interest of all concerned, sold all of the assigned property, and paid the assignor a sum of money equal to the value of property exempt to him by law: Held, That the deed of assignment itself not providing for the payment of the exemptions out of the proceeds of the assigned property, and no fraud or collusion as to the execution of the instrument being shown, the subsequent allowance of the exemptions out of the sale of the assigned property, did not render the deed of assignment fraudulent as to creditors. Whether the assignor was entitled to the money under the circumstances, or that the assignee should account to the creditors for the same, is not decided, as the question is not involved in this case.</p> <p>3. A provision in a deed of assignment conveying property to an assignee, that he take and hold the property, other than such as is exemp