Judges: PER CURIAM.
Attorneys: W.J. Oven, James Messer, Jr., and W.J. Oven, Jr., for Appellant;
H.H. Taylor, W.H. Burwell and A.B. Small, for Appellees.
Filed: Nov. 30, 1936
Latest Update: Mar. 02, 2020
Summary: On March 24, 1926, Edward B. Eppes instituted two suits in equity against Florida Citrus Finance *Page 354 Company, a corporation, in which he prayed for the cancellation of contracts of purchase for two lots of land conveyed to him by said corporation and for return of the consideration paid for them. After much pleading final judgment was entered in favor of Eppes August 6, 1928. On May 21, 1926, E.K. Dahlman filed his bill in equity against Florida Cities Finance Company, a corporation, prayi
Summary: On March 24, 1926, Edward B. Eppes instituted two suits in equity against Florida Citrus Finance *Page 354 Company, a corporation, in which he prayed for the cancellation of contracts of purchase for two lots of land conveyed to him by said corporation and for return of the consideration paid for them. After much pleading final judgment was entered in favor of Eppes August 6, 1928. On May 21, 1926, E.K. Dahlman filed his bill in equity against Florida Cities Finance Company, a corporation, prayin..
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Had the receiver been acting in a suit brought by a superior lien holder to the Eppes decree, the sale ordered to be made by the receiver free and clear of all liens except such as existed at the date the receiver was appointed, would have bound Eppes and cut off his rights against the assets the receiver subsequently sold under order of the Court.
But the receivership was nothing more nor less than an "umbrella" receivership occasioned by a fight amongst stockholders, all of whose interests are en masse subordinate to the claims of creditors. I concur in reversal on this theory.
