HUGH W. WEAR AND WIFE, ADA WEAR, I. OTTO AND WIFE, MARY DOE OTTO, THE POLK COUNTY NATIONAL BANK, AN INSOLVENT NATIONAL BANK, AND N. M. DUDLEY, RECEIVER FOR SAID INSOLVENT BANK, APPELLANTS,
v.
THE CITY OF MULBERRY, A MUNICIPAL CORPORATION, APPELLEE
HUGH W. WEAR AND WIFE, ADA WEAR, I. OTTO AND WIFE, MARY DOE OTTO, THE POLK COUNTY NATIONAL BANK, AN INSOLVENT NATIONAL BANK, AND N. M. DUDLEY, RECEIVER FOR SAID INSOLVENT BANK, APPELLANTS,
THE CITY OF MULBERRY, A MUNICIPAL CORPORATION, APPELLEE
104 Fla. 58
Florida Supreme Court (1932)
Caution
Also reported at: 139 So. 186
Cited by 28 cases
Opinion of the Court
—This cause having heretofore been submitted to' the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the respective parties and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree; it is, therefore, considered, ordered and decreed by the Court that the said decree of the Circuit Court be, and the same is hereby affirmed.
Whitfield, P.J., and Terrell and Davis, J.J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Mitchell v. Moore, 152 Fla. 843 (Fla. 1943)…essio pedis.’ This exception is supported by reason and authority. Black v. Tennessee Coal, Iron & Railroad Co., 93 Ala. 109, 9 South. 537; L. & N.R.R. Co. v. Boykin, 76 Ala. 566.” Our court reached practically the same conclusion in Day v. Benesh, 104 Fla. 58, 139 So. 448. It might be noted that the language of Section 1020 C.G.L. is in line with the authorities above cited. That Section begins as follows: “When the holder of a tax deed goes into actual possession, occupancy and use of the land embraced…1 / 2
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Beebe v. Richardson, 156 Fla. 559 (Fla. 1945)…the general equity law of this state as a suit to quiet a tax title, Brecht v. Bur-Ne Co., 91 Fla. 345, 108 So. 173; Stuart v. Stephanus, et al., 94 Fla. 1087, 114 Fla. 767; Cremin v. Quigley, et al., 104 Fla. 133, 139 So. 383; Day v. Bensch, et ux, 104 Fla. 58, 139 So. 448, we have never held that it was not permissible for the legislature, in the legitimate exercise of its legislative power and discretion, to provide such remedy. This [*563] the legislature may do, and has now done by the enactment of ch…
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Atl. Beach Improvement Corp. v. Vivienne E. Hall, 143 Fla. 778 (Fla. 1940)…oud upon his own must show clearly the validity of his own title and the invalidity of his opponent’s. Equity will not act in such cases in the event of a doubtful title. Sanford v. Cloud, supra; Levy v. Ladd, 35 Fla. 391, 17 So. 635; Day v. Benesh, 104 Fla. 58, 139 So. 448. See also, as to the effect of Chapter 11383, Acts of 1925, the case of McDaniel v. McElvy, 91 Fla. 770, 108 So. 820, 51 A. L. R. 731. The complainant has alleged that he is the equitable owner of the south half of the abandoned roadbe…
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