B. A. Lott, Inc., a Florida Corporation v. Edgar H. Padgett and Gaynell M. Padgett, His Wife, Sometimes Known as…

Summary

The Florida Supreme Court reversed the circuit court's decree holding the partition bill bad, finding that the federal deficiency judgment created a lien on the real estate owned by Dyer and attached to the subsequent purchaser Baldwin. The Court held that the three‑year execution period and scire facias requirements did not defeat the lien, and that the lower court erred in dismissing the partition action. Justice Chapman filed a special concurrence agreeing with the reversal and allowing an amended complaint. Justice Brown dissented.