Schonfeld v. Engler

• Citation: 160 So. 879,119 Fla. 138
• Parties: SCHONFELD et al. v. ENGLER.
• Decision Date: 25 April 1935
• Court: United States State Supreme Court of Florida

160 So. 879

119 Fla. 138

SCHONFELD et al. v. ENGLER.

Florida Supreme Court, Division B.

April 25, 1935

Suit by Minnie Engler against Joe Schonfeld, also known as Joseph Schonfeld, and Jacob Engler. From a decree for complainant defendants appeal.

Reversed in part, with directions, and affirmed in part. Appeal from Circuit Court, Dade County, H. F. Atkinson judge.

COUNSEL

J. N Morris and Louis Heiman, both of Miami, for appellants.

Albert S. Dubbin and Nat L. Williams, both of Miami, for appellee.

OPINION

BUFORD Justice.

The appellee filed a bill of complaint against the appellant Jacob Engler, to coerce the payment of separate maintenance, suit money, and solicitors' fees. That bill was filed on May 13, 1932. On November 21, 1932, she filed an amended bill of complaint in which she made Joe Schonfeld, also known as Joseph Schonfeld, party defendant.

In the amended bill of complaint, besides the relief prayed in the original bill of complaint, she sought to set aside and cancel certain conveyances of real estate made and executed by a corporation, the Miami & Miami Beach Sea Salt Company, a Florida corporation, to Joe Schonfeld and to set aside and cancel certain other conveyances of real estate made to Joe Schonfeld upon the ground that such conveyances were fraudulently made and without consideration. She prayed for the appointment of a receiver to immediately take charge of the property described and that the receiver be ordered to collect all rents, issues, and proceeds from said property and that the income from said property be turned into the registry of the court to await further order of the court.

On final hearing, amongst other things, it was decreed:

'That the deeds and title to the properties hereinafter described, heretofore owned by the Miami and Miami Beach Sea Salt Company, a Florida Corporation, and conveyed to Joseph Schonfeld, one of the defendants in the above and foregoing cause, be and the same are hereby declared null and void as to the right, interests and equities of the Complainant, Minnie Engler, a complete description of the said properties being as follows, to wit:

'All of Collins Subdivision of the East one-half (E 1/2) of Lots One (1) to Five (5) inclusive, and Lots Sixteen (16) to Twenty (20), of Block Four (4) of Japes (or Sosts) Addition to the City of Miami, Florida, the same being a subdivision of Government Lot One (1) or the Southwest Quarter (SW 1/4) of section Thirty-six (36) Township Fiftythree (53) South of Range Fortyone (41) East, according to plat thereof recorded in Plat Book Two 2, page 72, of the public Records of Dade County, Florida, the common address of said property being known as 1346 and 1356 Northwest Fifth Avenue.

'Lot Forty-one (41) according to the second amended Plat of Peacock's re-subdivision of Lots Two (2) and Three (3), of Block Sixteen (16) of Ericson's Addition to the City of Miami, Florida, which said Plat is recorded in Plat Book 1 at page 151, in the office of the Clerk of the Circuit Court in and for Dade County, which same property is otherwise described as, Lot Forty-one (41) of Peacock's re-subdivision of Lots Two (2) and Three (3) of Block Sixteen (16) of Ericson's Addition to the City of Miami, Florida, and to the second amended plat of said re-subdivision, dated September 25, 1912, and recorded in the office of the Clerk of the Circuit Court, in and for Dade County, Florida, in Plat Book No. 1, at page 161 of the Public Records of Dade County, Florida, being 50×140' more or less, the common address of said property being known as 1753 Northwest Fourth Court.

'Lots Twenty-one (21) to Twenty-four (24) of Waddell's re-subdivision of Section Thirty-four (34) of Johnson and Waddell Addition to the City of Miami, Florida, according to plat thereof, recorded in Plat Book 1 at page 169, of the Public Records of Dade County, Florida, the common address of said property being known as 1600 and 1606 N.W. First Court, and 157 Northwest Sixteenth Street.

'South Thirty (30) feet of Lot Ten (10) Block Thirty-three (33) of Johnson and Waddell Addition to the

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