Holly v. Gainesville National Bank

Citations

• 80 Fla. 523
• 86 So. 444

Syllabus

<p>1. A judgment creditor before proceeding in equity to subject equitable assets of bis debtor to the payment of the judgment debt must pursue his legal remedies to every available extent and have a return of the execution that no goods of the debtor are to be found, if such is the case.</p> <p>2. H agreed in writing to buy certain lands from S, part of the purchase price was paid in cash, and the remainder was to- have been paid in several yearly installments. He entered into possession of the lands and made improvements, but was unable.to complete his payments. His wife with money of her own and that which she borrowed from relatives and friends took over the contract to purchase the lands and paid the amount due, which with principal and interest amounted to the purchase price originally agreed to be paid by H. Held: That H had no equitable interest in the land which could be subjected to sale under a creditor’s bill for the payment of his judgment debts.</p>