The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1883-11-27
KAD-NOTES TO DECISIONS OF TME
SUPREME COURT OF FLORIDA.


Charles Richardson, Ephria,n T. Walton, Fran
chs n. Buck, Partners as Walton. Whann lS
Co, Appellents, VS.. w. H. Hutchinson Sheriff
OF Escambia county, RespOndent-Esc -Escambia
county.
WEsTCoTT j.
|. The effect of a consignment of goods gen.
orally is to vest the property in the consgnee
nut II the bill Of ladng is SPECIAL to deliver the
goods To the consgnee for the use of or on ac
count OF party not the cOnsignee the property
vests in such party.
:. In such case the hill OF adng is p,tlnn Go,ie
evidence OF the fairness Of the transaction and
is sufficient to raise a presumption of property
in the person for whose use and account the CON
signment is made
3. W here. however, the consignment thus
made is by an insoveni debtor and there are
facis and circumstances from which the jury
might infer that the transaction was colorado
and fraudulent, and that there was nothing due
TO the party on whose account the shipment was
MADE, verdict of a jury thus finding approved
by the Circuit Court should not be set aside by
tins court.
4 General statements of an i1soIyent debtor
as +" the amount Of his Indebtedness to one of
TWO contending creditors, both the insolven
debtor, and such one of the contending creditors
failing TO give any itcmized account or clear ex
| hibit OF the alleged debt, cannot be regarded as
conclusvely establishing the debt in a case sur
rounded with other suspicious circumstances
Judgment affirmed
q. \. Stanley, for Appellants; L A Perry
and John {. Avery, for Respondent
PhTb" Fridenbnrg, Appellant. VS.. Emily Il
Wilson, ExecuriX of the will of Converse
Parkhurst, deceased, James y. Wilson, her
husband and Thomas NJ Wilson. Respondents
Madison county-transierred from Duval.
WKsrcorr, j.:
|. Where plaintiff seeks to be subrogaed to
al lianS = III,
moneys loaned by him To the defendant in exc
cution were so loaned for the purpose OF paying
Such Judgments, and were SO applied the judg
ment creditor is not necessary party in a case
where no decree is prayed against him.
,. The estate of a deceased testator is prma
Tily liable to his debts AS to debts incurred by
his eNecutriN and executor subsequent 10 his
death the estate is not liable unless the eXeculrX
and executor have power given them to create
such charges upon the trust fund enforceable at
the suit OF the creditor, and such creditor deal
| ing Will the eXecutrlX and executor is held to
notice 0 the trust and its nature
). When testatOr directs his business TO he
carried on after his death, prtn" trrie, the only
fund liable to subsequent creditors of his execu-
Tors carrying on the business is that which was
employed IN the business by the teStatOr. To
authorize such creditors to resort to any other
fund Tor payment the testator, by his will, must
give the power IN clear and unamhiguOus Ian
guage. Where, in the will, there is simple di-
rcctlon by the tesatnr to his executor to carry
on his business as he had conducted it so long in
his judgment it should be deemed best for his
estate. to he closed and settled by his executor
whenever he thought best TO do So and such
will gives power of sale Of his real estate, no
other portion OF his estate is subject to debts in
Cured in the business by the executor except
that which was employed in the business by the
eStatCr.
J. party loaning money to such executor TO
satisfy judgments obtained by creditor against
such executor for debts incurred in The business
| OF the teStator SD continued after his death ac-
qulreS no right against any of the estate moi con-
nected with the business al the death of the es
tator. such portion of the estate not
lhn> employed cannot he charged by creditor.
1t is assets held by the executor in trust to pay
Tie dthf> n the test,tor and then to discharge leg
acice. To any proceeding seeking 10 charge
such property for such debt the lcgatees and de
visers having an interest under the will, are
ccS>aIy parties. and a judgment at law against
HE executor alone is not binding upon them
! j. power under will to sell real estate, the
! subject at named trusts does not give authority
10 morrow money from third persons and to
thereby involve the whole of the trust property
Decree affirmed.
John + IIartridge and W. C. Jordan, for;Ap-
pellan'; A. W. Cockrell, for Respondents.
James Howe for use of Calvin B. Dibble, Ap-
pellant, vs.. Calvin L. Robinson and Elizabeth
county.
WEsTt oTT j.:
l. The creditors ,ot dissolved nsolvcn1 cor
poration may seek n court of equity to subject
its real property and effects to sale TO satisfy its
debts without proceeding at law to judgment,
execution and return of nulla bona In this case
the time in which, by The statute, the existence
of the corporation for the purpose of being sued
was continued had expired.
:. The dissolution OF n corporation does not
extinguish lis debts. The debts survive. and its
creditors may enforce their claims against any
property belonging to the corporation which has
not passed into the hands of iona 1fde purchaser
Such property is affected with trust primarily
for the benefit of creditors.
3 The expiration of the time during which
all execution may be issued upon judgment
under the statute without proceeding by Scirt
fdcats t,idTe erernfonem non does not destroy the
binding efficacy Of the judgment upon the land
OF the debtor, and the judgment creditor can re-
sort to proceedings other than that of sire fdcMs
when he can make them available to collect his
| debt.
A. Scir< ftcias quare erecuti0nem non does not
lie upon a judgment against dissolved corpora
ton after the expiration of the time in which its
existence is continued for the purpose of being
sued
s. Real property levied on under junior judg-
meni and sold, is still subject to the lien of an
older Judgment, and the circumstance OF not pro-
ceedng upon the older judgment until subse-
quent lien has been obtained and carried into ex
ecution will mol displace the prior lien. The
case of Moseley VS.. Edwards, Fla. 429 cited
and followed.
6. The statutory limitation TO an action upon
judgment in this State is twenty years.
Where the Judgment is against a dissolved cor
poratiOn, the time which has expired is fifteen
years, and during the greater part of this time
there was no corporation in existence from
which payment of interest principal of the
Judgment debt could have been demanded. or
against which proceedings to revive the judg-
ment for the purpose of obtaining an execution
thereon could be had and there is circun-
stance from which payment could be inferred, a
court of equity will not refuse to enforce the
Judgment on the ground of laches or presumed
payment Of the debt. Buckmaster Vs. Kelly, 15
Fla, 1876, cited and followed.
Decree sustaining demurrer reversed.
Hinton j. Baker for Appellant; H. A. Patti
son and c. l.. Robinson, for Respondents
Charles S Hardy and his wife, Ella l.. Hardy,
Zachery T. Hines and his wife, S. jamie Hines,
William s. Vandiver and his wife, Hattie Van
diver, and Lucia Jones, Appellants. VS.. Viii
liam ID. Griffin, Rachel Griffin, Joseph j.
Griffin, Leila Griffin and Eugene Griffin, J
Leroy Gale and her husband. Frank P. Gale
Sarah F. Ward and John E. Ward Respond
ents--Ieon county-transferred from Madi-
son.
7 WEsTCoTT. j.:
!, /. Trusts arising under will are express
trusts to he controlled and interpreted under the
terms of the will