Statute Of Uses

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

• Reid v. Barry
  93 Fla. 849· Fla.· 1927-04-14 ·cited 149×
  The Florida Supreme Court upheld a bishop's title to church property conveyed by deed in 1881 without using the word 'heirs,' holding that the absence of this technical word of inheritance does not defeat the conveyance when the deed clearly expresses intent to transfer a fee sim
• Vincent v. Walker D. Hines
  79 Fla. 564· Fla.· 1920-04-21 ·cited 57×
  M. L. Vincent sued the Seaboard Air Line Railway for trespass and unlawful occupation of his land without compensation. The Florida Supreme Court affirmed dismissal of the bill of complaint, holding that Vincent acquired title to the property after the railroad's alleged trespass
• The Skinner Mfg. Co. v. Lum Wright
  56 Fla. 561· Fla.· 1908-06-01 ·cited 41×
  The Florida Supreme Court affirmed a lower court's judgment for the defendant in an ejectment action. The plaintiff failed to prove title or prior possession of the disputed real estate, which is a requirement to recover in an ejectment suit.
• 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
• Lucius O. Hamilton & Marion Mortg. Co. v. Flowers
  134 Fla. 328· Fla.· 1938-10-15 ·cited 39×
  Florida Supreme Court reversed the trial court's denial of motions to dismiss a bill of complaint brought by receivers of bondholders' committees challenging foreclosure sales and property transfers related to the Miramar Hotel. The Court held that the bill lacked equity because
• Elvins v. Seestedt
  141 Fla. 266· Fla.· 1940-01-05 ·cited 38×
  The Florida Supreme Court affirmed denial of a motion to dismiss in a partition suit brought by equitable owners of property against a trustee and co-beneficiaries. The court held that beneficiaries of a naked or passive trust have the right to maintain partition proceedings, eve
• Newman v. The Equitable Life Assurance Soc'y of the United States
  119 Fla. 641· Fla.· 1935-04-04 ·cited 37×
  The Florida Supreme Court upheld the validity of a mortgage executed by husband and wife on property held as an estate by the entireties, holding that the statutory procedure for acknowledgment by a married woman constitutes an adequate substitute for the common law procedures of
• Farrington v. Fletcher Greer and William Greer
  94 Fla. 457· Fla.· 1927-08-01 ·cited 28×
  In this ejectment action, the Florida Supreme Court affirmed judgment for defendants who peacefully entered land previously occupied by plaintiff under a quit-claim deed. The court held that although a deed executed by someone out of possession (a disseisee) is void as to an adve
• Scott v. Fairlie
  81 Fla. 438· Fla.· 1921-04-04 ·cited 22×
  In this ejectment action, the Florida Supreme Court held that remaindermen under a deed creating a life estate and remainder interest could recover possession of property from subsequent purchasers, even though those purchasers had maintained adverse possession during the life te
• McGRIFF et ux. v. McGILL
  62 So. 2d 28· Fla.· 1952-12-16 ·cited 20×
  This case addresses the legal effect of a deed creating a "dry" or "naked" trust, where a trustee receives title with no powers, duties, or discretion. The Florida Supreme Court held that such a trust conveys both legal and equitable title to the beneficiary by operation of law u
• Carver v. The United States
  412 F.2d 233· Ct. Cl.· 1969-06-20 ·cited 16×
  The court held that while a corporation's beneficial ownership under state law might differ, the Moline Properties doctrine generally requires recognition of the corporation as a separate taxable entity if it was formed for business purposes or engaged in business activity. Howev
• M. Witmark & Sons v. Fred Fisher Music Co., Inc.
  125 F.2d 949· 2d Cir.· 1942-02-11 ·cited 16×
  A copyright holder may assign their expectancy of the renewal right, as the statute does not explicitly forbid such assignments.
• Est. of Blanchard Houston Stallworth, Sr. v. Commissioner OF Internal Revenue
  260 F.2d 760· 5th Cir.· 1958-08-01 ·cited 14×
  The court held that a retroactive amendment to the Internal Revenue Code allowed a marital deduction for one-half of the trust property, reversing the Tax Court's decision.
• Taylor v. Richmond's NEW Approach Ass'n, Inc.
  351 So. 2d 1094· Fla. 2d DCA· 1977-11-04 ·cited 13×
  The court held that Section 737.306, Florida Statutes (1975), which limits trustee personal liability, does not apply to trustees holding property under an Illinois land trust. Developers operating Illinois land trusts remain personally liable to third parties for obligations inc
• Josiah T. Budd v. Wm. Ryal Long
  13 Fla. 288· Fla.· 1869-01-01 ·cited 12×
  Long, a free person of color, purchased land in 1863 through Bradley as a straw purchaser due to legal disabilities. When the original vendor Clem was sued by Kemp's estate, an attachment and subsequent judgment lien were placed on the property. The Florida Supreme Court held tha
• Watson v. ST. Petersburg Bank & Tr. Co.
  146 So. 2d 383· Fla. 2d DCA· 1962-10-17 ·cited 11×
  Carol Watson appealed a trial court's determination that a Trust Agreement between her and her deceased husband, trustee bank, and administrator was invalid and created no enforceable trust. The appellate court affirmed, finding the agreement failed to evidence clear and convinci
• Clement v. Charlotte Hosp. Ass'n, Inc.
  137 So. 2d 615· Fla. 2d DCA· 1962-02-07 ·cited 11×
  The court held that the trust provision in the deed created a passive trust that was executed by the Statute of Uses upon the formation of the corporation and construction of the hospital, vesting title in the plaintiff.
• Phoenix Title & Tr. Co. v. Myles Stewart
  337 F.2d 978· 9th Cir.· 1964-10-21 ·cited 10×
  A recorded deed in trust, even if part of a larger security arrangement, provides constructive notice to subsequent creditors, preventing their claims from voiding the security interest under bankruptcy law.
• Omwake v. Omwake
  70 So. 2d 565· Fla.· 1954-02-16 ·cited 8×
  Jacob Omwake sued to set aside warranty deeds conveying real property, claiming his name was forged by his wife Marjorie. The Florida Supreme Court affirmed the lower court's dismissal, holding that Omwake was estopped from repudiating the deeds because he had ratified the transa
• Simpson v. Bohon
  159 Fla. 280· Fla.· 1947-07-11 ·cited 6×
  The Florida Supreme Court reversed a lower court order that had cancelled tax certificates for a Jacksonville Elks Club building, holding that the property's commercial rental portion was properly subject to taxation because rental proceeds were not used for charitable or fratern
• Sanderson v. Jones
  6 Fla. 430· Fla.· 1855-04-01 ·cited 4×
  Robert Harrison Sr. conveyed slaves to trustees for the joint use of himself and his wife during their lives, and then to their children. He later conveyed eleven slaves to his daughter Mary (Mrs. Sanderson) for her sole use. After Mary's death, her husband John Sanderson claimed
• Puro v. Puro
  225 So. 2d 462· Fla. 3d DCA· 1969-07-22 ·cited 3×
  Arthur Puro challenged a summary judgment dismissing his action to enjoin the sale of trust property, claiming the trusts were passive and executed by the Statute of Uses, and that Louis Puro lacked authority to direct the trustee to sell. The court affirmed, holding that res jud
• William Caulk cum testamento annexo of Daniel W. Hart v. Samuel W. Fox and Wife
  13 Fla. 148· Fla.· 1869-01-01 ·cited 2×
  This case involves the construction of an ante-nuptial deed conveying property to a wife and determining what estate she is entitled to receive. The Florida Supreme Court held that the wife takes a fee simple estate in one-half of the property coming from her husband's father's e
• Brevard Cnty. v. Ramsey
  658 So. 2d 1190· Fla. 5th DCA· 1995-08-11 ·cited 1×
  Brevard County appeals an eminent domain judgment awarding business damages to the Ramseys for the taking of land adjacent to their incorporated business. The court reverses, holding that a beneficiary of a passive trust does not qualify as an "owner or holder" of land entitled t
• The Lawyers' Title Guar. Fund v. Koch
  397 So. 2d 455· Fla. 4th DCA· 1981-04-29 ·cited 1×
  A title guaranty fund sought to hold individual beneficiaries of an Illinois land trust personally liable on a defaulted promissory note secured by mortgage. The court affirmed dismissal of claims against the beneficiaries, holding that validly established land trusts shield bene
• Gustave T. Swoboda and Emily L. Swoboda v. United States
  258 F.2d 848· 3d Cir.· 1958-09-12
  The court held that the trust did not automatically terminate upon the date for distribution, and legal title to the business remained with the trustees until actual conveyance, thus the taxpayers could not claim the losses.
• Scott v. Fairlie
  81 Fla. 446· Fla.· 1921-01-01
  The Florida Supreme Court addressed whether a married woman's conveyance of real property, properly executed with her husband's joinder and statutory acknowledgment, operates to pass title to the grantee. The court held that such conveyances, executed in compliance with Florida s