McClellan v. Solomon

Citations

• 23 Fla. 437

Syllabus

<p>1. The undivided interest of an heir in land may be attached pending the administration of the estate of which the land is a part. The levy of the writ of attachment does not dispossess the administrator, nor interfere with the administration of the estate.</p> <p>■£, Where one of several heirs is also the administrator of the estate of the person from whom they inherit, the other heirs have no equitable lien on his interest in land of the estate for the payment of a claim they may have against him on account of his fraudulent administration of the estate.</p> <p>3. The lien of a judgment rendered in an action at law, dates, as to property previously attached in such action, from the time of the levy of the writ of attachment, and the levy is constructive notice from its date to all subsequent purchasers from the defendant in attachment. This is so though the property at the time of the levy was held by a third person, not a party to the suit, under a fraudulent conveyance from the defendant in attachment.</p> <p>4. A plaintiff in an action at law against his debtor may levy a writ of attachment on the undivided interest of the latter in land held by a third person under a fraudulent conveyance from the debt- or, and on obtaining judgment may sell such interest, and the purchaser may in an action of ejectment brought by him to recover this interest from the person in possession raise the question of the fraud in the conveyance from the debtor.</p> <p>.5. Where a bill is filed by creditors having no judgment or other lien, to set aside a fraudulent conveyance, and a decree is obtained and an undivided inteiest in land so conveyed is sold as the property of the fraudulent grantor, and subsequently the same undivided interest is sold under a judgment against the fraudulent grantor rendered subsequently to such decree, but in an action in which a writ of attachment had been levied on such interest prior to such decree, the title acquired by the purchaser at the judgm