Hager v. Butler, (1945)
Court: Supreme Court of Florida
Number:
Visitors: 20
Judges: ADAMS, J.:
Attorneys: Alvan B. Rowe, G.B. Knowles and Sam Kirk, for appellant.
George A. Gibbs, Jane Brannon, Wallace Tervin and G.O. Lea,
for appellee.
Filed: Jun. 29, 1945
Latest Update: Mar. 02, 2020
Summary: A bill in equity was filed to vacate an order of the County Judge of Manatee County wherein it was ordered that the automobile in question be sold as abandoned property. The bill disclosed that plaintiff was the true owner of the car and same was duly registered in his name with the Motor Vehicle Department of Florida; that it was stolen and later found by a police officer, by the name of Garrison, on the streets of Bradenton. Garrison retained the car and thereafter *Page 114 filed a petition i
Summary: A bill in equity was filed to vacate an order of the County Judge of Manatee County wherein it was ordered that the automobile in question be sold as abandoned property. The bill disclosed that plaintiff was the true owner of the car and same was duly registered in his name with the Motor Vehicle Department of Florida; that it was stolen and later found by a police officer, by the name of Garrison, on the streets of Bradenton. Garrison retained the car and thereafter *Page 114 filed a petition in..
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I think the record shows that the automobile was sold and bought under a judgment of the county judge's court valid on its face. After the judicial sale and purchase the automobile passed into the hands, by purchase, of a third party who had the right to rely on the title which he acquired. This suit was a collateral attack on the validity of a judgment valid on its face. Neither the county judge's court nor the purchaser were parties to the decree. Right to title and possession of the personal property involved was at issue. Therefore, there was no ground for invoking equity jurisdiction. The remedy (if any under these conditions) was in law: Therefore I think the judgment should be reversed.
Source: CourtListener
