Smith v. Gufford

Citations

• 36 Fla. 481

Syllabus

<p>Constitutional exemption — jurisdiction in equity — tort to PROPERTY CONDITIONALLY SOLD — WHO CAN RECOVER FOR — BOND CN INJUNCTIONS IN EXEMPTION CASES.</p> <p>Í. Where a party sells a horse to another upon the condition that it is to remain the property of the vendor until paid for, and such horse is wrongfully killed by a railroad tram while in the possession of such vendee, either the vendor or conditional vendee can sue for and recover damages for such tort; but a recovery by either will be a bar to any further recovery by the other. If the conditional vendee, in such a case, sues and recovers for the tort, the vendor then acquires a right of action against him for moneys had and received for his use and benefit to the extent of the amount originally agreed to be paid by the conditional vende for the purchase of the horse. The horse killed by the train, in such a case, loses its property identity upon being killed; and, if the conditional vendee purchases another horse with the moneys collected as damages from the railroad company committing the tort, the vendor of the horse killed does not become the owner of the new horse so purchased; neither does he acquire any equitable lien upon him for the purchase money due for the horse that was killed. In such a case, the party purchasing the new horse with moneys collected as damages in tort for the one killed is the absolute owner of the new horse so purchased, and can exempt him under our Constitution from forced sale, as against the vendor of the horse that was killed, under a distress warrant for rent and advancements of supplies.</p> <p>2, Where a bill in equity alleges that the complainant therein is the head of a family residing in this State; that he did not own personal property exceeding one thousand dollars in value; that a distress warrant for rent had been levied upon his personal property other than agricultural products raised upon, the land for which the rent was due; and that the property levied on