Platt v. Platt

Citations

• 50 Fla. 594

Syllabus

<p>1. While the exception in the constitution rendering a homestead liable for an obligation contracted for the purchase of said property must be strictly construed, yet the term used must not be so construed as to render it meaningless or nugatory. Most assuredly must we refuse to so interpret or construe the exception as to aid in the perpetration of a fraud.</p> <p>2. The meaning of the word “obligations” as used in Section 1 of Article 10 of the Constitution is a debt contracted to be paid, or a duty to be performed by the purchaser as the consideration of the purchase of the property.</p> <p>3. A partner who purchases the partnership assets, paying therefor some cash and assuming the partnership debts, when sued by the retiring partner for failure to pay these debts cannot claim an “exemption” out of the assets as against this equity.</p>