Florida Brewing Co. v. Sendoya

73 Fla. 660 | Fla. | 1917

Per Curiam.

In appropriate proceedings the court ordered that a judgment in favor of the Florida Brewing Company against Serafín Moritiel and Clements A. Sendoya, co-partners as Montiel & Sendoya, “is decreed to be null and void as against Clements A. Sendoya individually and declared, to be no lien or encumbrance whatsoever on the individual real estate * of the said C. A. Sendoya.” The defendant company appealed. The decree is correct in that the service on which the judgment was rendered was made on the partner Montiel and not on the partner Sendoya; therefore, while the judgment is a lien on the partnership lands and. the individual lands of Montiel, the partner who was served, it is not a lien on the individual lands of Sendoya, the partner who was not served. See Sec. 1404 Gen. Stats. 1906; Compiled Laws 1914; Thomas v. Nathan, 65 Fla. 386; 62 South. Rep. 206; Nathan v. Thomas, 63 Fla. 235, 58 South. Rep. 247, Ann. Cas. 1914A, 387; First Nat. Bank v. Greig, 43 Fla. 412, 31 South. Rep. 239.

Affirmed.

Browne, C. J., and Taylor, Shackleford, Whitfield and Ellis, JJ., concur.