The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1884-04-22
HEA O-NOTEs TO DECISIONS OF EH
SUPREME COURT OF FLORIDA. I
January Term. A. d. 1854.

Edridge Dunham s. Co., Appellants, VS. VIZ
Wilson, Executor, &c, and David G. Wslstlh
Jr, (R B. Fost surviving partners Of Post fE
Hobby, intervenor) Respondents--I -I.ceR Ck-
cult Court. -
RANDALL, G. j.: =
l. An assignment by debtor to credisor .ef
his interest in lands OF his fathers estaie in vhjl
he has IA fee in remainder, the assignment MI bS
ing recorded, is not valid in law or in equity NJ
against the lien of a subsequent judgment aGains,
the debtor in favor of thIrd party who hSai no
notice Of the assignment I
3. a judgment against tenant in common or
co partner is a lien upon the interest oE the
debtor in the land, and if upon a Partition, this
interest is converted into money the priority td
the judgment lien is preserved as against the 3In4
g. The lien nf creditor under crcdhork
bill has no preference over the lien of prior jidg
ments against lands which were subject 10 levy
under execution. The priority of lien of a jsldgs
ment creditor by the filing OF creditors btlt exi
lists as a reward of diligence in the discove,y u
and suhectng assets of the debtor which werx
not within the reach Of execution at law; aud
is not allowed as against prior judgmrn; w4iGb
was lien at law upon property subjected anfl
converted into money by sale in paritiot
proceedings. Il
4. When in partition Of land sale has leeh
made and the property converted into mnney,
proper and usual mode oi bringing forwarding
demands of creditors who have right to s4tiss
faction out of the funds is to intervene by heii4
ton
Decree affirmed. I
X. b Hilton, for Appellants; Geo p RaEeE
for Respondents. !
Silas B. Garter, Plaintiff in Error, VS. I he Stats
OF Florida, Defendant in Error-Murier- Drs
ange county. !
VANVALKENBURGH, j :
l. The rule is well settled, that an exception
To the charge of the court to the jury must be
taken to the identical portion or paragraphs oil
such charge as is alleged to he error: ard taat
an exception tO the entire charge is nul sufficient
II single proposition therein is good u5 Fla,
643, and cases cited.
3 Under Chapter 3431 Laws 1888 the party
may, at,er verdict rendered, "emhody in MOTION
for new trial any portion othe charge OF the judge
which may be drcine! erroneous, but lie must en-
body in such motion only such portion Of the
charge as is alleged to be erroneous That state te
does not change the rule. 1t only gives 10 The pr
tyan opportunity to except after uerlict rendetvd
3. All the evidence used in the proceedings
in the court below, and upon the motions slbse-
quent to the verdict shouli be embodied in and
made a part OF a bill of exceptions in order 10
enable this court to review them
Judgment affirmed.
w. r. Ammo and John w Price for Psint:f q
in Error; Attorney General for Defendant, in
Error.
Stephens Il Richardson, Administrators &:c.,
Appellants, VS.. Boone. Guardian &c et i
Appcllees-Jackson county.
RANDALL, G. j.:
l. Money and evidences of debt are pcrs oral
property and may he included IN the s,lcction:Ol
property exempt from any process of law, Or
from admlnlStra ton OF assets to salts debts.
g A waiver OF any benefit of exemption Jaws
or an agreement that all the debtors properly
shall be subject to levy and sale, contained jv a
promissory note, is imperative as against Gie
policy of the exemption laws Otherwise as td a
mortgage or pledge of specific property.
B. When property which may be claimed Us
exempt from the satisfaction of debts has bcin
sold or converted into funds by administrators,
the heirs entitled may claim the value out S,t
finds in the hands of the administrators
a. Heirs are entitled to the same right excnlb-
tion OF property that the ancestor had before his
death
5. An allowance by the Probate Court oUt pf
personal property for the temporary support pt
the heirs of the intcstate must be accounted j.
part of the amount of personal property clai0l1d
by the heirs as exempt from the payment pf
debts.
Decree reversed.
Benz. S. Liddon. for Appellants J. F. Nc
Clelan and Fran. b. Carter for Appellecs.