Wilhelm v. Locklar

Citations

• 46 Fla. 575

Syllabus

<p>1. A judgment upon an indebtedness not constituting an obligation contracted for the purchase of a homestead is not a lien thereon.</p> <p>2. The exception in the constitution rendering a homestead liable for an obligation contracted for the purchase of said property must be strictly construed.</p> <p>3. Where A lends money to B wherewith B pays off a note due for the purchase money of his homestead, and A takes B’s note therefor, with C’s endorsement thereon, to which A looks for security, such lending does not constitute “an obligation contracted for the purchase of said property.”</p> <p>•4. A Circuit Clerk is without jurisdiction to enter a judgment by confession, when no default has been taken, no declaration filed, no summons addressed or delivered to a sheriff or other proper officer to serve, and the plaintiff does not appear to have taken any part in the proceedings; a judgment so entered is void and will not support a creditor’s bill.</p>