Blanton v. Young
| Decision Date | 11 May 1955 |
| Citation | 80 So.2d 351 |
| Parties | J. C. BLANTON, Appellant, v. John YOUNG, Robert John Young and Margaret M. Young, his wife, Appellees. . Special Division B |
| Court | Florida Supreme Court |
Karkeet, Wilson & Rolfs, Miami, for appellant.
A. J. Kaplan, Miami Beach, for appellees.
The record here contains substantial competent evidence supporting the conclusion of the Chancellor below that the conveyance from the father to the son was not fraudulent within the purview of section 726.01, F.S.1953, F.S.A. Appellant urges, however, that even if the conveyance was not fraudulent the facts and circumstances alleged in the bill and established by the evidence are sufficient to support a decree imposing an equitable lien on the property.
The record shows that the basis of the claim for an equitable lien was certain labor and material furnished for, and incorporated into, the improvement of the subject premises and that the appellant had duly filed a notice of lien therefor under the mechanics' lien law, but had failed to institute foreclosure proceedings on the same within the period of one year provided by the statute. Under such facts the party furnishing the labor and material was not entitled to an equitable lien. Kimbrell v. Fink, Fla.1955, 78 So.2d 96.
Affirmed.
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Crane Co. v. Fine, 37748
...Cited in support of the latter ground are the decisions of this court in Kimbrell v. Fink, Fla.1955, 78 So.2d 96, and Blanton v. Young, Fla.1955, 80 So.2d 351. Insofar as these decisions may be interpreted as holding that one who is within the purview of the Mechanics' Lien Law is limited t......
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Phelps v. T. O. Mahaffey, Inc.
...on account of the absence of an adequate remedy provided by law, as was the case in Kimbrell v. Fink, Fla.1955, 78 So.2d 96; Blanton v. Young, Fla.1955, 80 So.2d 351; Wood v. Wilson, Fla.1955, 84 So.2d 32; and Rood Company v. Luber, Fla.1956, 91 So.2d 629. The court's determination that the......
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...as limitations of the right.' (Emphasis supplied.) See also the cases of Kimbrell v. Fink, fla.1955, 78 So.2d 96, text 98; Blanton v. Young, Fla.1955, 80 So.2d 351, and Rood Company, Inc. v. Luber, Fla.1956, 91 So.2d 629, all decided by the Supreme Court of Florida and all relating to limit......
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Vic Tanny of Florida, Inc. v. Fred McGilvray, Inc.
...an equitable lien upon a finding that the mechanic's lien is not valid. See Kimbrell v. Fink, 78 So.2d 96 (Fla.1955); and Blanton v. Young, 80 So.2d 351 (Fla.1955). Cf. Rood Company v. Luber, 91 So.2d 629 (Fla.1956). In Crane Co. v. Fine, "We emphasize that this opinion is not to be interpr......