Spratt v. Gray

Citations

• 81 Fla. 200
• 87 So. 760

Syllabus

<p>1. The statute (Chapter 7736, Acts of Extraordinary Session of the Legislature, 1918, Laws of Florida) designed, among other things, to make it unlawful for any person, to engage in the manufacture, sale, barter, .exchange or transportation of intoxicating liquors and providing for the forfeiture of personal property used in or to facilitate the violation of the provisions of the Act| does not authorize'such forfeiture “when it shall be made to appear that the bona fide owner of such personal property was not concerned in such violation as principal in the'first or second degree or accessory before or after the fact.”</p> <p>2. Under the statute (Chapter 7736,Acts of Extraordinary Session of the Legislature, 1918, Laws of Florida) the auto- . mobile of an innocent owner, although used in. the unlawful transportation of intoxicating liquor, is not' subject' to forfeiture, and the forfeiture proceeding of which such owner has no notice is ineffectual to divest him of title to such automobile.</p> <p>3. Where notice of forfeiture proceeding under the statute (Chapter 7736, Acts of the Extraordinary Session of tbe ' Legislature,'1918, Laws of Florida) is not given as required by the statute to the innocent owner of an automobile used-in the unlawful transportation of intoxicating liquor and such owner does not appear therein as a party claimant or otherwise, such proceeding is ineffectual to divest the owner of his property in such automobile, and the purchaser at a sale in such proceeding acquires no title thereto which will entitle him to the possession of the automobile as against such owner.</p>