Delivery Of Deed

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

• Hill v. First Nat'l Bank of Marianna & H. A. Bowles as Sheriff of Jackson Cnty.
  73 Fla. 1092· Fla.· 1917-05-16 ·cited 67×
  Hannah Hill sought to enjoin the sale of eighty acres claimed as her homestead, challenging a judgment lien held by the First National Bank of Marianna. The Florida Supreme Court reversed the trial court's dismissal, holding that Hill was entitled to homestead exemption protectio
• The S. Life Ins. & Tr. Co.
  4 Fla. 359· Fla.· 1852-01-01 ·cited 65×
  The Southern Life Insurance and Trust Company appealed from a decree denying foreclosure of a bond and mortgage executed by Charles Cole. The Florida Supreme Court held that the bond and mortgage were invalid for lack of delivery and consideration, affirming the decree as Cole ha
• 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
• Houston v. Adams
  85 Fla. 291· Fla.· 1923-03-12 ·cited 41×
  This case addresses whether a deed fraudulently obtained from escrow is valid. The court held that a deed obtained by fraud from an escrow holder does not pass title, protecting the original grantor over subsequent innocent parties.
• Archibald Campbell v. Carruth
  32 Fla. 264· Fla.· 1893-06-01 ·cited 38×
  In this ejectment action, the Florida Supreme Court affirmed a judgment for defendants who held a deed from the plaintiff's intestate (Katurah Campbell) conveying the disputed 40-acre property. The court held that the deed's description, though missing the words "quarter of" befo
• Icie Lee Nowling McCOY v. Love
  382 So. 2d 647· Fla.· 1979-12-27 ·cited 37×
  Mary V. Nowling Elliott, an illiterate elderly woman, sued to cancel a deed conveying mineral rights that she claimed was procured by fraud. The Florida Supreme Court held that while the deed was obtained through fraud in the inducement, it was voidable (not void ab initio), and
• Hoyt v. Clancey
  180 F.2d 152· 8th Cir.· 1950-02-16 ·cited 30×
  The court held that the trial court erred in directing a verdict for the defendant, as the jury could have found that the deed conveyed a present interest and that the defendant fraudulently induced the reconveyance.
• Levy v. Cox
  22 Fla. 546· Fla.· 1886-06-01 ·cited 28×
  The Florida Supreme Court reversed a lower court's judgment in an ejectment action. The court found that the trial court erred in its jury instructions regarding conveyances of land held in adverse possession and in refusing to grant a new trial, as the evidence overwhelmingly fa
• Matthews v. Wm. B. Lindsay
  20 Fla. 962· Fla.· 1884-06-01 ·cited 27×
  The Florida Supreme Court affirmed a decree foreclosing a mortgage against Matthews, rejecting his arguments that informal tenders discharged the debt and mortgage lien, that a sheriff's deed gave him superior title, and that tort damages could be set off against the mortgage deb
• Eli Horn & Jeremiah Savell v. Gartman
  1 Fla. 63· Fla.· 1846-01-01 ·cited 17×
  Horn's executors challenged a deed gifting enslaved persons and property to Gartman, arguing it was testamentary, lacked delivery, and improperly created a remainder in personal property. The Florida Supreme Court affirmed the lower court's judgment, holding the instrument valid
• Williams v. Pac. Royalty Co.
  247 F.2d 672· 10th Cir.· 1957-07-26 ·cited 14×
  A federal court has the power to enjoin state court proceedings to protect its judgments, and the Williams heirs were properly restrained from relitigating issues already decided.
• Etten v. Lovell Mfg. Co. & Walter L. Kauffman
  225 F.2d 844· 3d Cir.· 1955-06-30 ·cited 14×
  The court affirmed the district court's judgment regarding patent priority and fraud, but vacated the award of attorneys fees for specific interference proceedings due to lack of jurisdiction.
• Cleland v. Long
  34 Fla. 353· Fla.· 1894-06-01 ·cited 12×
  This case concerns the admissibility of certified copies of deeds in an ejectment action. The appellate court held that the lower court erred in excluding the certified copies because the proof of execution, when read in conjunction with the deed's attestation clause, was suffici
• Alney Parramore v. Eudell Parramore
  371 So. 2d 123· Fla. 1st DCA· 1978-12-07 ·cited 11×
  The court held that the grantor's actions and words, despite not physically handing over the deeds, constituted symbolic and constructive delivery, vesting remainder interests in the grantees during his lifetime.
• Chance v. Buxton
  170 F.2d 187· 5th Cir.· 1948-11-03 ·cited 11×
  The court held that Mrs. West and Oliver were not indispensable parties whose presence would destroy diversity jurisdiction.
• State OF Or. v. The Bureau OF Land Mgmt.
  876 F.2d 1419· 9th Cir.· 1989-06-07 ·cited 10×
  The court held that the burden of proof should be on the BLM to demonstrate the validity of transactions when challenging Oregon's land claims, and that the BLM's 'master deed' theory for title transfer was inconsistent with established practice.
• Grossman v. Pollack
  100 So. 2d 660· Fla. 3d DCA· 1958-02-04 ·cited 9×
  Architect Grossman sought to enforce a mechanics' lien against property owners for architectural services rendered to a prospective lessee, but the court affirmed summary judgment for the defendants because the underlying lease was never delivered and thus never came into existen
• Houston v. Forman
  92 Fla. 1· Fla.· 1926-06-10 ·cited 8×
  W.D. Houston, the original landowner, sought to invalidate a mortgage obtained by Barnett and Richbourg, who fraudulently obtained a deed from an escrow holder in violation of their contract with Adams (who held the land under contract from Houston). The Florida Supreme Court hel
• Casas v. Rosell
  359 So. 2d 491· Fla. 3d DCA· 1978-05-09 ·cited 7×
  Casas appealed a judgment dismissing his claims for constructive and resulting trusts against the Rosells, who obtained title to two properties funded substantially by Casas. The court affirmed the denial of equitable relief but reversed and remanded for determination of a money
• Florise C. Whittimore v. Truman Clyde Cruce, Jr.
  479 So. 2d 761· Fla. 1st DCA· 1985-10-18 ·cited 6×
  The court held that the trial court erred in granting summary judgment because the grantor's intent regarding deed delivery presented a genuine issue of material fact.
• Dupeck v. Union Ins. Co. OF Am.
  329 F.2d 548· 8th Cir.· 1964-03-27 ·cited 6×
  The court held that the Dupecks retained insurable interest because the deed was not validly delivered or accepted, and their policy was not effectively cancelled prior to the fire.
• Bd. of Nat'l Missions of Presbyterian Church in the United States v. Smith
  182 F.2d 362· 7th Cir.· 1950-05-24 ·cited 6×
  The court held that the testator's will granted his widow a life estate with the power to sell the fee simple, and that the prior conveyance to the widow was valid, thus affirming the summary judgment for the defendant.
• Glasscock v. Farmers Royalty Holding Co.
  152 F.2d 537· 5th Cir.· 1945-12-07 ·cited 6×
  Deeds signed in blank with specific instructions for description, later filled in, are operative to pass title under Texas law. Furthermore, a subsequent lease acknowledging the validity of these deeds acts as ratification.
• Wilson v. Wilson
  96 Fla. 358· Fla.· 1928-07-31 ·cited 6×
  This case involves a husband suing his wife to cancel a quit-claim deed he executed, which he claims was intended as a mortgage to secure a loan that was never made. The appellate court reversed the lower court's dismissal, finding that the husband's allegations, if true, present
• Sargent v. Baxter
  673 So. 2d 979· Fla. 4th DCA· 1996-05-29 ·cited 5×
  A deed is ineffective without delivery, and delivery requires the grantor to relinquish control and intent to pass title, not merely intend to record it later.
• United States v. Frank M
  836 F.2d 808· 3d Cir.· 1988-02-01 ·cited 4×
  A Pennsylvania sheriff's sale in mortgage foreclosure, where the United States is joined as a party, qualifies as a "judicial sale" under 28 U.S.C. § 2410(c), thus extinguishing federal tax liens. Furthermore, under Pennsylvania law, a sheriff's transmittal of a deed for recordin
• Kingsland v. Godbold
  456 So. 2d 501· Fla. 5th DCA· 1984-08-30 ·cited 4×
  A prior deed, even if supported by only nominal consideration, takes precedence over a later deed if the grantee of the later deed had actual notice of the prior deed.
• In re Potts v. Potts
  724 F.2d 47· 6th Cir.· 1984-01-06 ·cited 4×
  Testimony regarding the parties' intent at the time of deed delivery is admissible to show title did not pass, and the parol evidence rule does not bar such evidence when offered to prove lack of complete delivery.
• Sasha & Sasha, Inc. v. Stardust Marine, S.A.
  741 So. 2d 558· Fla. 4th DCA· 1999-07-28 ·cited 2×
  Sasha & Sasha appealed a trial court judgment finding it was not a transferee of Florida property in a fraudulent transfer action under the Uniform Fraudulent Transfer Act. The court reversed in part on the recordation issue but affirmed on questions of delivery and good faith, a
• In re Allustiarte v. Allustiarte
  786 F.2d 910· 9th Cir.· 1986-04-07 ·cited 2×
  The court held that the debtors' children's interests in the Storm property were their separate property, thus their spouses were not indispensable parties. The court also held that the absent spouses for the Shipp property were not indispensable parties because their interests w
• Wininger v. Leopold
  329 So. 2d 415· Fla. 4th DCA· 1976-04-02 ·cited 2×
• Longdon v. Wakeley
  62 Fla. 530· Fla.· 1911-06-01 ·cited 2×
  Frank Longdon and his wife appealed a foreclosure decree entered by the Circuit Court for Volusia County. The Florida Supreme Court affirmed the foreclosure, holding that even if the mortgage lacked the statutory formality of two subscribing witnesses, the trustee had established
• Foster v. Joan Martin ad litem of Kim D. Martin
  436 So. 2d 143· Fla. 2d DCA· 1983-02-02 ·cited 1×
  Florida appellate court reversed dismissal of complaint to cancel a deed, holding that allegations of emotional distress, lack of consideration, and lack of understanding stated a valid cause of action despite rebuttable presumptions arising from execution and recording.
• Mattox v. Mattox
  777 So. 2d 1041· Fla. 5th DCA· 2001-01-05
  The court held that the recordation of a deed, in the absence of fraud, is effective as legal delivery and vests title in the grantee upon the grantor's death.
• United States v. Viomar Co.
  616 F. Supp. 24· S.D. Fla.· 1985-03-21
  The court held that the movant failed to provide sufficient evidence of a valid gift, specifically regarding the essential element of delivery of the deeds, and therefore denied the motion to release property from the restraining order.
• Advance Mortg. Corp. v. Guar. Title Ins. Co.
  416 F.2d 451· 5th Cir.· 1969-09-25
  The court held that the plaintiff's claims to cancel mortgages were without merit and affirmed the lower court's grant of summary judgment.
• Wilson v. Herman
  32 Fla. Supp. 88· Broward Cty. Cir. Ct.· 1968-11-12
  The court held that no common law marriage existed between the plaintiff and the decedent, and therefore the defendant was entitled to possession of the real property.
• Black v. Fleming Island Ests. Corp.
  17 Fla. Supp. 179· Clay Cty. Cir. Ct.· 1961-05-18
  In a breach of warranty action arising from a real property deed, the Clay County Circuit Court determines that venue is improper in Clay County and transfers the case to Dade County, where the deed was executed and delivered, finding that a breach of warranty claim is transitory
• Porter v. Kany
  14 Fla. Supp. 75· Volusia Cty. Cir. Ct.· 1958-07-07
  Richard and Irene Porter sued to set aside a 1944 warranty deed conveying their homestead property to Richard's sister, Kathleen Kany, claiming lack of delivery, conditional delivery, insufficient consideration, and defective description. The circuit court upheld the deed, findin
• Rand v. Rand
  234 F.2d 631· 6th Cir.· 1956-06-27
  The court held that the trial court's findings of fact regarding the validity of inter vivos gifts were supported by the evidence and must be accepted.
• Dolores Land Corp. v. Hillsborough Cnty.
  68 So. 2d 393· Fla.· 1953-11-17
  The Florida Supreme Court reversed a lower court's dismissal of a counterclaim challenging the validity of a 1948 tax certificate, holding that title to state-owned lands passes only upon actual delivery of the deed to the grantee, not merely upon execution and sealing, even for
• Chance v. Buxton
  177 F.2d 297· 5th Cir.· 1949-10-28
  The court held that an instrument in deed form, reserving a life estate but conveying title immediately, is a deed, not a will, and that sufficient evidence existed to submit the issue of mental capacity to the jury.
• Moore v. GUY
  135 F.2d 476· D.C. Cir.· 1943-05-03
  The court held that the wife's letter did not create a declaration of trust for her husband's benefit, nor was a previously destroyed deed effectively delivered.
• Speaker v. Keating
  122 F.2d 706· 2d Cir.· 1941-08-07