Howard v. Calhoun

BROWN, J.:

We doubt if the constitutional question is squarely presented by the facts in this case, which are set forth in the concurring opinion of Mr. Chief Justice CHAPMAN.

Section 1 of Article X provides that one thousand dollars worth of personal property “shall be exempt from forced sale under process of any court.” The landlord had not attempted to obtain the forced sale of the property under legal process of any kind when the tenant brought replevin to secure possession of the property.

Under Section 85.19, F.S. 1941, the apartment owner was given a lien on the personal property involved…