Florida District Courts of Appeal, 1959

Hedlund v. Jones

Hedlund v. Jones
Florida District Courts of Appeal · Decided August 24, 1959 · No. 59-96 · Carroll, Chas, Horton, Pearson
114 So. 2d 220 (Southern Reporter, Second Series)
Hedlund v. Jones

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Opinion of the Court

PER CURIAM.

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.