Moody v. R. Hoe & Co.

Citations

• 22 Fla. 309

Syllabus

<p>1. Where a party claiming property levied on by an execution against another resorts to the statute, (Mc.’s Dig., sec. 22, pp. 524 and 525,) for the recovery thereof, if the proceedings are not instituted and conducted in accordance with its material provisions, they will be reversed on writ of error.</p> <p>2. When various executions on judgments of different persons between whom there is no connection are levied on personal property which is claimed by a third person, and such person asserts his claim under the statute, (McC.’s Dig., pp. 524, 525, secs. 23 and 24,) he should make an affidavit and bond separately to each plaintiff in Ji. fa. He cannot join in the same affidavit and bond all the plaintiffs in execution.</p> <p>3. When on a trial of the right of property, the affidavit made by claimant includes four different executions in favor of four different parties, and the bond of claimant is made to such plaintiffs in execution jointly, and the oath administered to the jury is to try the right of the claimant to the property levied on by executions in favor of one of the plaintiffs, naming him, “ and others,” and the jury find that the property is not liable to the execution of the party named, and is liable to the execution of a party not named in the oath administered to them, such verdict should be set aside on motion.</p> <p>4. No pleadings are required by the statute in a trial of the right of property, hut it would seem to be the duty of the court to so frame the oath administered to the jury as to inform them that by their verdict they were to determine whether the property levied on was the property of the claimant, or whether it was subject to payment of plaintiff’s execution.</p>