152 So. 731 (Fla. 1933), Alta-cliff Co. v. Spurway

Citation:152 So. 731, 113 Fla. 633
Opinion Judge:TERRELL, Justice. TERRELL, Justice.
Party Name:ALTA-CLIFF CO. v. SPURWAY et al.
Attorney:George Edward Holt, of Miami, for appellant. Hudson & Cason, Pierce & Enwall, Sydney L. Weintraub, and Ben C. Willard, all of Miami, for appellees.
Case Date:November 28, 1933
Court:Supreme Court of Florida
 
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Page 731

152 So. 731 (Fla. 1933)

113 Fla. 633

ALTA-CLIFF CO.

v.

SPURWAY et al.

Florida Supreme Court, Division A.

November 28, 1933

On Rehearing March 1, 1934.

Bill by H. J. Spurway, as receiver of the City National Bank in Miami, a United States banking corporation, against the Alta-Cliff Company, a Florida corporation, and others. From an adverse decree, named defendant appeals.

Affirmed.

BUFORD, J., dissenting.

On Petition for Rehearing. [113 Fla. 633]Appeal from Circuit Court, Dade County; Paul D. Barns, Judge.

COUNSEL

George Edward Holt, of Miami, for appellant.

Hudson & Cason, Pierce & Enwall, Sydney L. Weintraub, and Ben C. Willard, all of Miami, for appellees.

OPINION

TERRELL, Justice.

October 8, 1932, by reason of a deficiency decree in a foreclosure proceeding, appellant secured a money judgment against S. M. Tatum individually and S. M. Tatum, Inc. October 28, 1932, an execution was delivered to the sheriff of Dade county, who on November 28, 1932, with a view to satisfying said judgment, made demand on Belcher Oil Company and Orange State Oil Company, Florida corporations, for a written statement of the number of shares of stock held in said corporations by appellees S. M. Tatum and S. M. Tatum, Inc. This demand was made under section 2848, Revised General Statutes of 1920, section 4535, Compiled General Laws of 1927, and discloses that 2,424 shares of the stock of Orange [113 Fla. 634] State Oil Company of the par value of $25 and 1,000 shares of the capital stock of Belcher Oil Company of the par value of $50 were owned by S. M. Tatum, Inc. Thereafter the sheriff advertised said stock to be sold at public auction, February 6, 1933, as provided by section 2852, Revised General Statutes of 1920, section 4539, Compiled General Laws of 1927.

On February 4, 1933, two days prior to the said sale, the appellee H. J. Spurway, as receiver of the City National Bank of Miami, filed his bill of complaint to restrain the sheriff from making said sale. On February 6, 1933, a temporary restraining order was granted which on final hearing was made permanent and perpetually restrained the appellant from making the sale or from asserting any claim, right, or control over the shares of stock as thus described. The instant appeal is from that final decree.

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