Priority Of Liens

536 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Flood
  247 F.2d 209· 1st Cir.· 1957-07-17
  A federal tax lien is subordinate to a maritime lien for supplies, even if the tax lien arises first.
• Meehan v. Farish
  8 Fla. Supp. 114· Palm Beach Cty. Cir. Ct.· 1954-11-08
  The appellate court affirmed the lower court's judgment, finding no error shown by the appellant regarding lien priority and damages.
• Murray v. G. F. C. Corp.
  214 F.2d 344· 5th Cir.· 1954-06-30
  The court held that an unrecorded chattel mortgage lien is generally prior to the rights of a general creditor who has not obtained a lien, and that cancellation of an antecedent debt is not sufficient consideration for a good faith purchaser status.
• Crofton Diesel Engine Co., Inc. v. Puget Sound Nat. Bank of Tacoma
  205 F.2d 950· 9th Cir.· 1953-06-26
  A clause in a preferred ship mortgage authorizing foreclosure upon the mortgagor incurring debt does not constitute a waiver of the mortgage's preferred status, nor does it grant priority to subsequently incurred maritime liens.
• Bondholders, Inc. v. Powell
  190 F.2d 74· 4th Cir.· 1951-06-01
  The court held that the Adjustment Bondholders' attempt to modify the confirmed reorganization plan was without merit, as their claims were subordinate, previously adjudicated, and barred by the foreclosure decree.
• Cavins v. Planters Bank & Tr. Co.
  187 F.2d 906· 5th Cir.· 1951-04-02
  The court held that the plaintiff had a superior lien on the crops grown on her land for her unpaid rent, and that the bank improperly applied the proceeds from the sale of the cotton.
• Empire Tr. Co. v. United States Tr. Co. OF NEW York & three other cases
  165 F.2d 829· 8th Cir.· 1948-01-26
  The court held that the Refunding bondholders were not entitled to a first lien by subrogation on equipment purchased with general funds, as there was no clear intent to grant such a lien and the transactions were not structured to preserve vendor's liens.
• P. W. Wilkins & Co. v. Stoer
  157 Fla. 565· Fla.· 1946-03-26
  P.W. Wilkins and Company appealed a mortgage foreclosure decree, challenging the chancellor's decision to entertain a counterclaim filed by defendants J.C. and T.L. Bailey against the mortgagor regarding their rights under a land purchase contract. The Florida Supreme Court affir
• State v. Durupt
  148 F.2d 918· 8th Cir.· 1945-04-17
  The court held that the State's mortgage lien had priority over the County's claim for the balance of the purchase price under its contract with the bankrupt farmer.
• Johnson v. Fla. Bank AT Orlando
  153 Fla. 120· Fla.· 1943-06-04
  Contractors and materialmen who subordinated their construction liens to a bank mortgage challenged the foreclosure, arguing the bank failed to advance the full loan amount promised. The Florida Supreme Court upheld the bank's priority lien, finding the subordination agreement wa
• Wells Fargo Bank & Union Tr. Co. v. Imperial IRR. Dist.
  136 F.2d 539· 9th Cir.· 1943-04-28
  The court held that the majority opinion improperly allowed a debtor district and a majority of creditors to modify a plan without court review for fairness and equity, and without regard to statutory limitations.
• Neal v. Bradenton Prod. Credit Ass'n
  146 Fla. 208· Fla.· 1941-02-21
  The Florida Supreme Court upheld a receiver's authority to take possession of a citrus fruit crop pledged under a recorded mortgage, rejecting a junior lien holder's claim to fruits produced after the mortgagor transferred the property to the third party. The decision clarifies t
• E. E. Wagner under the Last Will and Testament and Codicil Attached Thereto v. The Phillips Co.
  127 Fla. 14· Fla.· 1937-01-20
  In this mortgage and lien priority case, the Florida Supreme Court held that a property purchaser at a bankruptcy sale who took title expressly subject to a sprinkler system contract cannot later refuse the vendor access to maintain that contract while enjoying its benefits, ther
• The Fla. Nat'l Bank of Jacksonville v. J. V. D'Albora Co.
  124 Fla. 849· Fla.· 1936-07-18
  The Florida Supreme Court affirmed a decree in a mortgage foreclosure case, holding that a fruit crop manager's superior lien against proceeds from crops produced before foreclosure is not extinguished by the mortgagee's later agreement to issue receiver's certificates as a first
• Myers v. Harkins
  102 Fla. 577· Fla.· 1931-07-28
  Myers, a lien claimant, appeals the court's decision to strike paragraphs of his answer in an injunction suit brought by Harkins to prevent sale of property under Myers's judgment lien. The court upheld the striking of Myers's answer paragraphs, finding they did not constitute va
• Butler v. The DeSoto Nat'l Bank of Arcadia
  102 Fla. 464· Fla.· 1931-07-14
  The Florida Supreme Court reversed a decree removing a cloud on title from an attachment lien. The DeSoto National Bank sought to cancel an attachment and judgment obtained by the Fidelity Bank's liquidator against property, claiming the bank knew the property was not owned by th
• George MacKay & Co. v. Marion Hardware Co.
  100 Fla. 1532· Fla.· 1930-12-18
  This case concerns the priority of liens between a hardware company with a chattel mortgage and a company that later obtained a judgment and attachment. The court determined that the hardware company's prior filing of its mortgage, even if recorded in the wrong book, provided con
• Fla. Tr. & Banking Co. v. Hancock
  97 Fla. 379· Fla.· 1929-03-19
  Florida Trust & Banking Company appealed the trial court's order striking its answer in a mortgage foreclosure suit brought by J. H. Hancock. The court affirmed the order striking the answer, holding that the bank's defenses regarding superior lien priority and lack of notice wer
• Fla. Constr. & Realty Co. v. Pournell
  76 Fla. 395· Fla.· 1918-10-31
  Florida Construction & Realty Company and Florida Railway sought receivership of an insolvent railroad company to satisfy judgment liens. The court appointed Frank Drew as receiver, who later sought to deny payment to employees whose services were necessary to operate the railroa