McKeown v. Coogler

Citations

• 18 Fla. 866

Syllabus

<p>1. The lien in favor of persons who furnish supplies, &c., to enable a party to cultivate land and raise a crop, need not be given before tire supplies are furnished, but is valid if put in writing and recorded afterward, there being no intervening equities or liens in favor of other parties.</p> <p>2. Fraud is not to be imputed to an honest creditor who is preferred by a failing debtor as against another creditor who had been promised payment by the debtor out of the proceeds of the same property assigned to the former to secure him.</p> <p>3. Where a writ of attachment is levied upon goods, and afterwards an execution is levied upon the same goods, and the sheriff, before judgment in the attachment suit, advertises the goods for sale under the execution, a court of equity has no jurisdiction to enjoin the sale under the execution at the instance of the attaching creditor, the court at law having ample power to control the process and its officer ; and the sheriff acts at his peril in selling the property under a junior levy.</p> <p>4. After dismissing a bill filed by an attaching creditor to restrain a sale under a subsequent levy by execution, it is improper to decree that the property under levy in the hands of the sheriff be delivered to the debtor. The sheriff is entitled to it by virtue of his levies.</p> <p>5. Nor should the decree in such case dismiss the attachment, as such dismissal, if proper, should be made in the attachment suit.</p>