Deed Validity

49 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Travis v. Sim Travis
  81 Fla. 309· Fla.· 1921-03-11 ·cited 206×
  Heirs of Mary Travis sought to set aside a deed conveying all of her property to her son Sim Travis, claiming she lacked mental capacity to execute it. The Florida Supreme Court affirmed the lower court's validation of the deed, holding that mere mental weakness is insufficient t
• Aden E. Waterman v. Reola A. Higgins
  28 Fla. 660· Fla.· 1891-06-01 ·cited 123×
  The Florida Supreme Court affirmed a chancellor's decree dismissing a bill filed by heirs of Aden Waterman's first marriage seeking to cancel a deed he executed to his second wife during coverture. The court held that such deeds are valid in equity when made on meritorious consid
• J. W. Church v. Lee
  102 Fla. 478· Fla.· 1931-07-15 ·cited 59×
  The Florida Supreme Court reversed an interlocutory order overruling a demurrer in a homestead succession dispute, holding that a deed executed jointly by a homestead owner and his wife directly to the wife is prima facie void to the extent it affects the children's vested inheri
• Jordan v. Jordan
  100 Fla. 1586· Fla.· 1931-01-05 ·cited 53×
  In this appeal from dismissal of a bill seeking cancellation of deeds, the Florida Supreme Court upheld the trial court's finding that property was not homestead at the time the deeds were executed, and that the deeds were valid. The case turns on whether Rufus P. Jordan retained
• Chase Fed. Sav. & Loan Ass'n v. Schreiber
  479 So. 2d 90· Fla.· 1985-08-30 ·cited 40×
  The Florida Supreme Court held that a deed is valid and effectively transfers legal title regardless of whether the grantor received valuable consideration, overruling the district court's decision that a deed given for "love and affection" to an unrelated grantee is void. The co
• Schreiber v. Chase Fed. Sav. & Loan Ass'n
  422 So. 2d 911· Fla. 3d DCA· 1982-10-12 ·cited 28×
  The Florida District Court of Appeal, Third District, granted a motion for rehearing en banc to resolve a conflict between panel decisions regarding the validity of deeds conveying property for love and affection consideration. The court reversed the lower court judgment and held
• Strickland v. Peters
  120 F.2d 53· 5th Cir.· 1941-05-15 ·cited 26×
  A federal court lacks jurisdiction to determine the validity of wills, as this power is exclusively vested in the state probate court, but it can determine the validity of deeds and protect the estate through a receiver if necessary.
• Harbor v. Lancaster
  70 Fla. 200· Fla.· 1915-07-13 ·cited 19×
  The Florida Supreme Court reversed an order denying the railway company's motion to dissolve a temporary injunction that restrained it from removing a dwelling house from church property. The court found the church trustees' bill of complaint failed to satisfy equity requirements
• Reed A. Bryan, III v. Century Nat'l Bank
  498 So. 2d 868· Fla.· 1986-11-13 ·cited 18×
  The Florida Supreme Court held that a deed executed by a mentally competent voluntary ward requires court approval when the property has been placed under the guardian's control, but found sufficient approval was obtained through the civil division's judgment in a quiet title act
• Girard Seitter v. Riverside Acad.
  144 Fla. 69· Fla.· 1940-06-21 ·cited 15×
  A Pennsylvania property owner deeded 50 acres to a school trustee by an unwitnessed deed containing conditions subsequent regarding land use and maintenance obligations. The court held that while the unwitnessed deed was invalid as a conveyance, it constituted a binding contract
• Franklin v. Loton M. Jones
  22 Fla. 526· Fla.· 1886-06-01 ·cited 13×
  Frank Franklin sought to reform a deed he executed to his mother, Mary Burrill, in 1874, claiming he intended to convey only a life estate but the deed conveyed fee simple. The Florida Supreme Court affirmed the dismissal of his bill, holding that the evidence did not meet the ri
• Medina v. Orange Cnty.
  Fla. 2d DCA· 1992-12-12 ·cited 12×
  Medinas sought to cancel a deed conveying a road right-of-way to Orange County, challenging its validity due to the lack of two subscribing witnesses at execution. The appellate court reversed the trial court's finding that the deed was invalid, holding that equity will sustain t
• Jeffords v. Jeffords
  148 So. 2d 43· Fla. 1st DCA· 1962-12-20 ·cited 11×
  Appellants challenged a summary judgment decree invalidating a deed to homestead property, arguing genuine issues of material fact existed regarding delivery of the deed. The court held that conflicting deposition testimony created a genuine factual dispute that precluded summary
• In re the Owners of "SW 8" Real Est. v. McQUAID
  513 F.2d 558· 9th Cir.· 1975-03-14 ·cited 10×
• Mulato v. Mulato
  705 So. 2d 57· Fla. 4th DCA· 1997-12-24 ·cited 9×
  Dorothy and Edward Mulato, siblings, disputed their mother Isabelle's estate, including jointly-held bank accounts, stock certificates, and real property. The Fourth District Court of Appeal reversed the trial court's award to Edward of funds from accounts held solely in Dorothy
• Mitchell v. Thomas
  467 So. 2d 326· Fla. 2d DCA· 1985-02-15 ·cited 9×
  Rose Mitchell challenges a trial court judgment quieting title to real property in favor of Wayne Thomas. The court reversed, holding that a deed from Braxton to Thomas contained a patent ambiguity in its legal description (missing east and south boundary calls) that rendered it
• Training v. Miller BEY Paralegal and Financing
  313 So. 3d 214· Fla. 2d DCA· 2021-03-12 ·cited 8×
  The appellate court reversed a trial court's order granting a directed verdict (treated as an involuntary dismissal) in favor of a defendant in a quiet title action. The court found that the deed purporting to transfer the property to the defendant was invalid on its face, meanin
• Berry v. Perdido Realty Co.
  84 Fla. 134· Fla.· 1922-07-21 ·cited 8×
  The Florida Supreme Court affirmed a decree quieting title to Innerarity Point property in favor of Perdido Realty Company. The court rejected the defendants' claims that their ancestor, Albert Berry, had acquired title by adverse possession, finding that the proof of continuous
• Cross v. The Robinson Point Lumber Co.
  55 Fla. 374· Fla.· 1908-01-01 ·cited 8×
  In this ejectment action, the Florida Supreme Court affirmed a judgment for the Robinson Point Lumber Company against C. T. Cross, holding that Cross failed to establish title or adverse possession to disputed land and was merely a trespasser. The court addressed several evidenti
• Messett v. Cohen
  741 So. 2d 619· Fla. 5th DCA· 1999-09-24 ·cited 6×
  Timothy Messett, a neighboring landowner, appealed the dismissal of his declaratory judgment action challenging the validity of a quit claim deed transferring property to Marsha Cohen and the county's approval of that property for development. The court affirmed the dismissal, ho
• Black v. Skinner Mfg. Co.
  53 Fla. 1088· Fla.· 1907-01-01 ·cited 6×
  The Florida Supreme Court affirmed a circuit court decree invalidating deeds executed by J. W. Black and W. A. McLeod purporting to convey fractional section one in Santa Rosa County, finding that Black had already conveyed the land to D. F. Sullivan in an unrecorded 1879 deed, l
• Schlossberg v. Est. of Sadie Kaporovsky
  303 So. 3d 982· Fla. 4th DCA· 2020-08-05 ·cited 5×
  Jack Schlossberg purchased a condominium from Candy Wisotsky, who inherited it through a remainder interest granted by a 2005 deed. The trial court voided the 2005 deed as beyond the trustees' powers, leaving Schlossberg with only half-ownership. On appeal, the court reversed, ho
• Earp & Shriver, Inc. v. Hettie C. Earp and Sandra Earp Pope
  466 So. 2d 1225· Fla. 2d DCA· 1985-04-10 ·cited 5×
  The court declared a 1972 deed void for lacking subscribing witnesses, but found the deed valid as to an intervening party due to laches and estoppel.
• Schueler v. Garnet Franke and Penelope T. Salsbury
  522 So. 2d 904· Fla. 2d DCA· 1988-03-02 ·cited 4×
  A grantee who knows a deed is defectively witnessed and acknowledged cannot rely on that deed to estop the grantor from denying its validity.
• United States v. Stubbs
  776 F.2d 1472· 10th Cir.· 1985-11-14 ·cited 4×
  A deed to a deceased person's estate is not void if the grantor's intent is clear and the estate is a legal entity capable of receiving title, and even if it were, the United States acquired good title by adverse possession.
• Tunnage v. Green
  947 So. 2d 686· Fla. 4th DCA· 2007-02-07 ·cited 3×
  Lewis Tunnage executed defective quitclaim deeds to Clifford Green lacking the required two subscribing witnesses. Green sued to quiet title and for fraud. The appellate court reversed the quiet title judgment because the defective deeds could not convey legal title and equitable
• Jones v. The Equitable Life Assurance Soc'y of the United States
  126 Fla. 527· Fla.· 1936-12-15 ·cited 3×
  The court affirmed a foreclosure decree, rejecting the appellants' attempt to invalidate the mortgage based on homestead rights. The court found the appellants' claims were barred by laches due to their significant delay in asserting any rights to the property.
• Griem v. Zabala
  744 So. 2d 1139· Fla. 3d DCA· 1999-10-27 ·cited 2×
  The court held that there was insufficient evidence to support the trial court's finding that the Zabalas and Moraleses held valid deeds to the condominium units.
• Theadores W. Ross v. Chase Fed. Sav. & Loan Ass'n
  424 So. 2d 779· Fla. 3d DCA· 1981-06-30 ·cited 2×
• Epstein v. Deerfield Beach Bank & Tr. Co.
  280 So. 2d 690· Fla. 4th DCA· 1973-07-16 ·cited 2×
  The court held that the trial court erred in foreclosing the mortgage because the plaintiff failed to prove the mortgagors owned the property, and the appellant failed to prove her grantor owned the property.
• Neville Glanville v. Glanville
  856 So. 2d 1045· Fla. 5th DCA· 2003-09-26 ·cited 1×
  The jury's finding that a deed was not properly witnessed or acknowledged is insufficient to invalidate the deed if the statute of limitations defense is not overcome by a finding of fraud.
• Rogers v. Est. of William H. Rodgers, SR.
  Del. Ch.· 2024-04-10
  The appellate court affirmed the trial court's decision, holding that the petitioners failed to prove by a preponderance of the evidence that the deed was invalid due to lack of capacity or undue influence. The court also found that the respondent had not established entitlement
• Rumford v. Marini
  Del. Ch.· 2021-02-19
  The court held that a motion in limine seeking to preclude claims based on time-bar defenses should be treated as a motion for partial summary judgment. The court further held that the defendants did not waive their time-bar defenses, as a statute of repose cannot be waived. Fina
• Molnoski v. Batmasian
  S.D. Fla.· 2017-07-13
• Doe v. Lynn Univ., Inc.
  S.D. Fla.· 2017-01-19
  The court held that the plaintiff sufficiently pleaded facts to support a plausible inference of gender-based discrimination under Title IX and adequately pleaded state law claims for breach of contract and breach of the implied covenant of good faith and fair dealing.
• In re TAX PARCEL NO. 09-008.00-001
  Del. Ch.· 2015-01-16
  The Court of Chancery denied the Petitioner's petition to set aside a conveyance of real property, finding that the Petitioner failed to prove forgery of the deed by clear and convincing evidence. The court relied on credible witness testimony, the presumption of genuineness aris
• Sanford D. Lyons v. Lyons
  155 So. 3d 1179· Fla. 4th DCA· 2014-10-29
  The Florida Fourth District Court of Appeal reversed a summary judgment that voided a 1993 quit claim deed transferring homestead property to a qualified personal residence trust, holding that the surviving wife lacked standing to assert her deceased husband's homestead rights be
• Keen v. Camac
  Del. Ch.· 2011-02-11
  The appellate court affirmed the Master's Report, denying the plaintiffs' exceptions. The court held that the deed transferring the property to joint tenants was valid, as the grantor acted of her own free will after full disclosure and with independent legal advice. The court al
• Rami Sabawi v. Carpentier
  778 So. 2d 1091· Fla. 5th DCA· 2001-03-09
  The court held that material issues of fact existed regarding the validity of deeds and authority to convey property, precluding summary judgment.
• Pennco, Inc. v. Claville
  622 So. 2d 78· Fla. 2d DCA· 1993-07-21
  Pennco, Inc. appealed dismissals of two consolidated actions to quiet title to real property in Polk County, Florida. The trial courts dismissed the actions on the pleadings without evidence, but the appellate court reversed, holding that such dismissals were error because the co
• Church OF GOD IN Christ, Inc. v. Reverend A. L. Cawthon
  507 F.2d 599· 5th Cir.· 1975-02-03
  The court held that the national church has a property interest in the local church property and can protect it from a dissident faction that renounced adherence to the national church.
• Nat Ratner v. City OF Miami Beach
  288 So. 2d 520· Fla. 3d DCA· 1974-01-28
  A Florida appellate court reversed a trial court's refusal to invalidate a building permit, finding that the City of Miami Beach violated a referendum mandate by conveying property to a private developer rather than to the Miami Beach Housing Authority for low-rent elderly housin
• Grigg v. Gatt
  283 So. 2d 369· Fla. 1st DCA· 1973-10-02
  In this quiet title action, the Griggs sought to establish title to property they acquired through a chain of deeds originating from Katherine Gatt, a mentally incompetent person. The court affirmed the lower court's judgment in favor of the Harts, whose title derived from a deed
• Candaso v. Manibusan
  405 F.2d 623· 9th Cir.· 1969-01-21
  The court held that the appellant failed to demonstrate clear and manifest error in the district court's finding that the deed was void.
• Lewin v. Kass
  12 Fla. Supp. 145· Dade Cty. Cir. Ct.· 1958-01-31
  The court held that the contract, deed, and mortgage were valid and that the challenged Florida statutes were unconstitutional.
• Hazen v. Robinson
  123 Fla. 392· Fla.· 1936-03-13
  In this ejectment action, the Florida Supreme Court affirmed a jury verdict for the defendant upholding a challenge to a deed executed by an elderly widow on equitable grounds of lack of mental capacity and undue influence. The court found substantial evidence supported the jury'