Hedlund v. Jones

District Court of Appeal of Florida

Hedlund v. Jones

114 So. 2d 220

CourtDistrict Court of Appeal of Florida

DecidedAugust 24, 1959

DocketNo. 59-96

StatusPublished

Cited by2 cases

This text of 114 So. 2d 220 (Hedlund v. Jones) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hedlund v. Jones, 114 So. 2d 220 (Fla. Ct. App. 1959).

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Opinion

PER CURIAM.

Plaintiffs appeal from an order dismissing their action to enforce a vendor’s lien upon property owned by the defendants. The complaint sets forth that a corporation, D & H Construction Co. Inc., was the owner of the real property in question, that the corporation sold the property to defendants, and that a part of the consideration was defendants’ promissory note. The note was transferred to the plaintiffs as a part of a division and partition of the property of the corporation. The note was endorsed “without recourse” to the corporation.

The chancellor correctly dismissed the complaint. A vendor’s implied lien is personal to the vendor, and in Florida it is not assignable by him nor does it follow the debt without assignment. Alabama-Florida Co. v. Mays, 111 Fla. 100, 149 So. 61, 91 A.L.R. 139; McKeown v. Collins, 38 Fla. 276, 21 So. 103.

Affirmed.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.

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PER CURIAM.

Plaintiffs appeal from an order dismissing their action to enforce a vendor’s lien upon property owned by the defendants. The complaint sets forth that a corporation, D & H Construction Co. Inc., was the owner of the real property in question, that the corporation sold the property to defendants, and that a part of the consideration was defendants’ promissory note. The note was transferred to the plaintiffs as a part of a division and partition of the property of the corporation. The note was endorsed “without recourse” to the corporation.

The chancellor correctly dismissed the complaint. A vendor’s implied lien is personal to the vendor, and in Florida it is not assignable by him nor does it follow the debt without assignment. Alabama-Florida Co. v. Mays, 111 Fla. 100, 149 So. 61, 91 A.L.R. 139; McKeown v. Collins, 38 Fla. 276, 21 So. 103.

Affirmed.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.

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114 So. 2d 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hedlund-v-jones-fladistctapp-1959.

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