McDougall v. Brokaw

Citations

• 22 Fla. 98

Syllabus

<p>1. The heirs of a deceased person are entitled by the Constitution, (Art. IX, see. 8,) to the same right of exemption of property which be. longed to the deceased at the time of his death from forced sale, as the deceased had in his lifetime.</p> <p>2. A fund on which a claimant had originally no equitable or other right, may be substituted for another fun d which was subject to his claim, when the latter fund has been sold or otherwise disposed of for the benefit or relief of the former.</p> <p>3. But this principle cannot be enforced to the extent of divesting prior equitable lieus of third persons upon the fund sought to be substituted.</p>