Eldridge, Dunham & Co. v. Post

Citations

• 20 Fla. 579

Syllabus

<p>1. An assignment hy a debtor to a creditor of his interest in lands of his father’s estate in which he has a fee in remainder, the assignment not being recorded, is not valid in law or in equity as against the lien of a subsequent judgment against the debtor in favor of a third pa:'ty who had no notice of the assignment.</p> <p>2. A judgment against a tenant in common or co-partner is a lien upon the interest of the debtor in the land, and if upon a partition this interest is converted into money, the priority of the judgment lien is preserved as against the fund.</p> <p>3. The lien of a creditor under a creditor’s hill has no preference over the lien of prior judgments against lands which were subject to levy under execution. The priority of lien of a judgmeut creditor by the filing of a creditor’s hill exists as a reward of diligence in the discovery of and subjecting assets of the debtor which were not within the reach of execution at law ; and is not allowed as against a prior judgment which was a lien at law upon property subjected and converted into money by a sale in partition proceedings.</p> <p>4. When in partition of land a sale has been made and the property converted into money, a proper and usual mode of bringing forward the demands of creditors who have a right to satisfaction out of the funds is to intervene hy petition,</p>