Milton v. Milton
| Decision Date | 14 May 1912 |
| Citation | 58 So. 718,63 Fla. 533 |
| Parties | MILTON et al. v. MILTON. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Jackson County; W. H. Price, Judge.
Bill in equity by William Milton against W. H. Milton and others. From a decree for complainant, defendants appeal. Affirmed.
Syllabus by the Court
Judgments or decrees are liens upon the real estate of the defendant in the county where such judgments or decrees are rendered or recorded as required by the statutes. But under section 1 of article 10 of the Constitution, no judgment or decree or execution shall be a lien upon homestead exempted property except for taxes or assessments, or for the purchase price thereof, or for improvements on the exempt real estate, or for house, field, or other labor performed on the exempt property.
A tract of land detached from or not contiguous to the land claimed as a homestead is not a part of the homestead exemption.
The statutes authorize courts of equity to set apart homestead exemptions and to enjoin the forced sale of exempt property.
Organic and statutory provisions relating to homestead exemptions should be liberally construed in the interest of the family home. But the law should not be so applied as to make it an instrument of fraud or imposition upon creditors.
The exemptions from liens and forced sales accorded by the Constitution to the head of the family residing in this state do not require the owner of the exempt property to be the sole owner.
Where the ancestor dies at the home on land owned by her leaving several children as her heirs, and the month after her death one of her sons removes with his family from an adjoining county upon the land in which he had a coparcener's interest and claims a homestead exemption therein, the land cannot, subsequently during his occupancy of it as his homestead, be sold under an execution issued on a judgment obtained against the son before his mother's death.
COUNSEL Paul Carter, of Marianna, for appellants.
Calhoun & Campbell, of Marianna, for appellee.
This appeal is from a decree enjoining the sale of an undivided interest in land under an execution and setting apart the land as the homestead of William Milton.
In article 10 of the Constitution it is ordained that
Judgments or decrees are liens upon the real estate of the defendant in the county where such judgments or decrees are rendered or recorded as required by the statutes. Sections 1600, 1601, 1602, Gen. Stats. of 1906. But no judgment or decree or execution shall be a lien upon homestead exempted property, except for taxes or assessments, or for the purchase price thereof, or for improvements on the exempt real estate, or for a house, field, or other labor performed on the exempt property. Section 1, art. 10, Constitution.
A tract of land detached from or not contiguous to the land claimed as a homestead is not a part of the homestead exemption. Brandies v. Perry, 39 Fla. 172, 22 So. 268, 63 Am. St. Rep. 164.
The statutes authorize courts of equity to set apart homestead exemptions and to enjoin the forced sale of exempt property. Sections 2527, 2528, Gen. Stats.; Smith v. Gufford, 36 Fla. 481, 18 So. 717, 51 Am. St. Rep. 37; McMichael v. Grady, 34 Fla. 219, 15 So. 765.
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Pasco v. Harley
...to homestead claimants and an imposition on creditors not contemplated or permitted by the quoted organic provision. In Milton v. Milton, 63 Fla. 533, 58 So. 718, the lien had not attached to the lands of the debtor's ancestor, and as his indebtedness was not contracted with reference to hi......
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In re John Richards Homes Bldg. Co., L.L.C.
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