LEONARD H. HEDLUND AND URTH M. HEDLUND, HIS WIFE, APPELLANTS,
v.
MACEO JONES AND SHERAH JONES, HIS WIFE, APPELLEES
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This case concerns whether a vendor's lien is assignable in Florida. The court held that a vendor's implied lien is personal to the vendor and not assignable, nor does it follow the debt without assignment.
No, a vendor's implied lien is personal to the vendor and is not assignable in Florida. It does not follow the debt without assignment.
“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.”
This quote states the core legal principle that forms the basis of the court's decision.
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Join FLexlaw to unlock all legal intelligencePlaintiffs sought to enforce a vendor's lien on property owned by the defendants. The property was originally owned by a corporation, D & H Constructi…
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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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Alabama-Florida Co. v. Mays, 111 Fla. 100 (Fla. 1933)
- Addison P. McKeown v. Collins, 38 Fla. 276 (Fla. 1896)