Pettit v. Coachman

Citations

• 51 Fla. 521

Syllabus

<p>1. A deed of conveyance of land from the husband to Me wife is not a voluntary deed when the wife has relinquished her right of dower in other lands and agreed to relinquish her right of dower in still other lands belonging to the husband, in consideration of the conveyance.</p> <p>2. A deed of conveyance of land from the husband to the wife conveys the title to the wife, and when the conveyance is not voluntary, the mere failure to record the deed does not render it void as to a simple creditor of the husband whose claim is not in excess of the value of the land remaining to the husband subject to execution, in the absence of fraud or other inequitable circumstances.</p> <p>3. Where the husband has conveyed land to the wife by deed upon proper, tona fide and valuable consideration, such land is not subject to sale under an execution issued against the husband in an action brought after the deed of conveyance was recorded.</p> <p>4. Where a conveyance of land has been made by deed from the husband to the wife upon a valuable and tona fide consideration not named in the deed, and the land has been sold under execution against the husband issued in an action brought after the record of the deed of conveyance, such sale is a cloud upon the title of the wife which equity may remove.</p>