Cathcart v. Turner (18 Fla. 837, 1882)

The Chief-Justice

delivered the opinion of the court.

Appellant filed his bill against appellees in Alachua county, alleging that Miley is indebted to him in the sum of seven hundred dollars now due (September 20, 1881,) and unpaid for rent of land of Cathcart for the year 1881, and for supplies furnished to Miley by complainant; that complainant finding that Miley was fraudulently disposing of crops on the premises obtained a distress warrant to dis-train the property of defendant for such rent and supplies; that before the officer reached the premises with the distress warrant defendant ran off a large quantity of his stock of cattle, &c., beyond the reach of the law, and fraudulently disposed of or secreted the same ; that the officer found no property except the growing crop of cotton and some household goods which he seized and took possession of for the satisfaction of said debt; that the defendant, Miley, has applied to Turner, the sheriff, “ for the setting apart of said property as exempt from forced sale under the Constitution and lawsthat the defendant, Miley, refuses to pay, but is seeking to avoid payment by such fraudulent removal of his property and secreting the same; that Miley is not entitled to the exemption of his crops grown on the place ; that under the contract for rent between the parties all the crops grown on the place were to be appropriated to the payment of the rent and for supplies furnished by the complainant, and none of it was to be sold by him until the said rents and supplies were paid for. Said contract is annexed as an exhibit.

The prayer of the bill is that the sheriff be enjoined “ from setting apart the said property distrained by him under a distress warrant against the defendant, W. E. Miley, and in favor of this complainant as exempt from forced sale,” or doing any act to delay his proceedings at law against the defendant, Miley. A preliminary injunction was granted on filing the bill.

The answer of Miley denies the alleged indebtedness and sets up a contract made in January, 1881, by which he agreed to buy of complainant, and the complainant agreed to sell him the lands for $1,200, of which $500 was to be paid January 1, 1882, and $700 January 1,1883, for which Miley gove camplainant his notes dated January 8,' 1881, and at the same time complainant gave Miley a bond for title to the land, which contract has not been revoked; and defendant further agreed to pay complainant $200 for supplies furnished him during the year, and which is payable January 1,1882. He further says that the agreement to secure the rent set out by complainant was not in fact made for any such purpose ; that he was requested by an agent of complainant to sign it, and the contract was not read to him but it was explained to him by the agent to be a security to complainant for $500 of the purchase-money and $200 supplies to be due January 1, 1882. He denies the fraudulent disposition of his property as alleged. He admits that he has claimed the benefits of the exemption laws, and insists that he is entitled so to do.

The sheriff did not answer. Oñ filing the answer of Miley the Chancellor dissolved the injunction, and from this order the complainant appeals.

The foregoing is a brief abstract'.of the bill and answer. Our only excuse for stating so much of these pleadings is that we desire to call attention to the fact that a great portion of both bill and answer relates-to matters utterly irrelevant to the object of the suit.

The only facts important to the complainant’s case are that complainant had obtained a distress warrant and caused it to be levied upon the personal property of Miley liable to levy to satisfy a claim for rent, &e., due, and that Miley was illegally or improperly claiming exemption of such property from levy and sale, and that the sheriff was proceeding illegally or improperly to release and set aside the property or some of it as so exempt.

The only facts necessary to be stated by defendants are such as to put in issue the pertinent allegations of the complaint. Whether he owes the rent, &c., for which the distress warrant was issued, whether it is yet due, whether he had fraudulently put his property out of the way, whether he was in fact a tenant or a purchaser, whether he had been fraudulently cajoled or induced into signing a paper that he had not intended to sign,