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Fidelity Casualty Co. v. Magwood, (1932)

Court: Supreme Court of Florida Number:  Visitors: 19
Judges: BUFORD, C. J. —
Attorneys: Blackwell Gray, for Appellant; Morcock Weintraub, Fred W. Pine and Kehoe Kehoe, for Appellees.
Filed: Nov. 09, 1932
Latest Update: Mar. 02, 2020
Summary: Appellees filed bill of complaint in the Circuit Court in and for Dade County which was termed by the complainants therein as a bill in the nature of a bill of review. The bill alleged in effect that the appellant in this case and the appellee R. H. Magwood executed a certain bond upon which they became liable. That the obligee in the bond sued Fidelity Casualty Company of New York, the appellant here, and R. H. Magwood, and procured judgment; and that thereafter the appellant procured an assign
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A decree of subjection of property under a creditor's bill can confer no right on the creditor complainant greater than he had under his judgment at law had a creditor's bill not been made necessary to render the judgment collectable. Therefore the decree in the creditor's bill case cannot beres adjudicata on the question of homestead at least where the question of homestead exemption was never expressly and directly presented and decided in such case. The creditor's bill was merely in aid of the judgment at law.

BUFORD, C.J., concurs.

Source:  CourtListener

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