Appellant made a loan of $6,000.00 to appellee, taking as seсurity a mortgage on certain described property. Appelleе, however, did not mortgage the parcel of grove land which forms the basis of this suit. In fact, at the time the $6,000.00 loan was made, appellee did not hаve title to it, although in was under a purchase money mortgage to him. Appellant’s $6,000.00 mortgage was not paid at maturity. So he brought suit on the $6,000,000 in notes and оbtained judgment thereon without reference to the security of his mortgage. Shortly after the suit at law on the notes was begun appellee, who hаd .in the meantime acquired the title to the above mentioned grove property upon which he previously only held a purchase money mоrtgage, moved on to it as his homestead. The appellant asserted by bill in chancery filed in the court below, that he did so for the express purpose of defrauding the appellant by acquiring a homestead right in the рroperty before appellant could reduce his $6,000.00 debt to judgment. The Chancellor found for the appellee on the law and the facts and dismissed the bill. This appeal is from the final decree.
The law in this State is сonclusively settled to the effect that a homestead owned and actually occupied and used as
*20
a home by the head of a family in this State, prior to and at the time of the entry of a judgment at law against the homestead owner, is exempt .from forced sale under the judgment, although after the institution of the suit at law but prior to rendition of judgment in the suit, the defendant in the suit moved on to the homestead property for the express purpose of impressing it with a homestead character before judgment in the suit could be rendered against him. First Natl. Bank of Chipley v. Peel,
In the case аt bar the homestead claimant was living upon jproperty owned by him in the Tоwn of Clermont when he gave his notes. Thereafter he moved from his home in Clеrmont to the grove property which was levied on and sought to be subjected to appellant’s judgment which was not obtained until after appеllee’s homestead status in the grove property had attached tо it. The mere institution of the suit at law was not sufficient to create a lien оn the grove property. Appellant might have had the grove property attached and a lien impressed thereon prior to the judgment, but did nоt undertake to do so, hence' no lien was brought into' existence exсept the lien of judgment which could not attach to property that had already attained a status as a homestead.
The fact that the appellee may have moved on the home-stead propеrty prior to .judgment for the express purpose of “homesteading” it is not legal fraud which per se affords ground for holding-the homestead claim subordinate to the lien of a judgment rendered in a suit pending prior to the time the homestead character attached. Nor is it material that the property later claimed as a homestead was held out as a possible assеt upon which credit was obtained before the homestead attempt .was perfected. :
*21 Such contingencies as are involved in this casе can be guarded against by either taking an express written lien 'on the unencumbered property at the time the credit is extended, or by beginning a suit and levying an attachment on the land to impress on it an attachment lien in'anticipation of the defendant’s attempt to dispose of his property by putting out of his creditor’s reach before a judgment lien can be perfected on it in order to satisfy the debt.
We find no error, so the decree is affirmed.