Tax Deed Validity

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

• Daniell v. Sherrill
  48 So.2d 736· Fla.· 1950-11-07 ·cited 143×
  The Florida Supreme Court reversed a lower court's decision that quieted title to certain lands in favor of the State Board of Forestry and Parks. The court held that the State, as a grantor of tax deeds to the appellants' predecessors, was estopped from challenging the validity
• Dawson v. Abe Saada
  608 So. 2d 806· Fla.· 1992-11-25 ·cited 88×
  The Florida Supreme Court held that while failure to comply with notice requirements of section 197.522 invalidates a tax deed, the notice requirement of section 197.522(2) (sheriff service) is directory only, not mandatory. The court affirmed that section 197.522(1) (clerk's cer
• Brecht v. Bur-Ne Co.
  91 Fla. 345· Fla.· 1926-02-26 ·cited 81×
  The Florida Supreme Court reversed a quiet title decree because the lower court improperly adjudicated rights of parties who were never properly made defendants in the suit. The decision establishes that equity courts must follow strict pleading requirements and ensure all necess
• Stuart v. Stephanus
  94 Fla. 1087· Fla.· 1927-12-10 ·cited 80×
  This case concerns a suit to quiet title where the appellant claimed ownership through a tax deed. The court held that a tax deed, if valid, creates a new and independent title that extinguishes prior titles, and the mere existence of a prior record title does not cloud a valid t
• Sloan v. Sloan
  25 Fla. 53· Fla.· 1889-01-01 ·cited 62×
  In this equity action to remove clouds on title to land in Marion County, Florida, the Supreme Court affirmed that an administrator's sale of real estate lacking evidence of exhausted personal assets in the record is void but does not constitute a cloud on title, while an illegal
• Quigley v. Cremin
  94 Fla. 104· Fla.· 1927-07-05 ·cited 59×
  Margaret Cremin sought to set aside a prior decree quieting title in C.H. Reeder to lands based on a tax deed, arguing the prior court lacked jurisdiction because she was insane and out of state when sued. The Florida Supreme Court held that the prior decree was valid because pro
• Addison P. McKeown v. Collins
  38 Fla. 276· Fla.· 1896-06-01 ·cited 58×
  McKeown appeals a decree foreclosing a mortgage on Florida property, claiming title through a tax deed and a sheriff's deed. The Florida Supreme Court affirmed the foreclosure, holding that the tax deed was void due to defects in the tax assessment and that the sheriff's deed was
• Locke v. Stuart
  113 So. 2d 402· Fla. 1st DCA· 1959-06-11 ·cited 50×
  In this ejectment action, the court affirmed summary judgment for the plaintiff-appellee based on a defective tax deed, holding that when a defendant relies on a tax deed's statutory presumption of regularity but the plaintiff presents uncontradicted evidence of non-compliance wi
• Josiah T. Walls v. Endel
  20 Fla. 86· Fla.· 1883-06-01 ·cited 49×
  In this ejectment action, the Florida Supreme Court held that a defendant may plead equitable defenses in ejectment proceedings, specifically that a deed absolute on its face was intended as a mortgage for security purposes. The court reversed the trial court's decision to strike
• Tax Sec. Corp. v. Peggie Borland
  103 Fla. 63· Fla.· 1931-10-14 ·cited 48×
  Tax Securities Corporation sought ejectment based on a tax deed, but the Florida Supreme Court held the deed void due to fatal defects in its issuance, particularly that the published notice differed from the filed notice and proof of publication was filed after the deed was issu
• Keil v. West
  21 Fla. 508· Fla.· 1885-06-01 ·cited 46×
  Jane Keil appealed a partition decree in a suit brought by Mary L. West and her sisters for division of land held as tenants in common. The Florida Supreme Court affirmed the decree, rejecting Keil's contentions that the bill was deficient, the subpoena defective, and that she sh
• The Ozark Corp. v. W. A. Pattishall C. T. A. of the Estate of Mary O. Beeman
  135 Fla. 610· Fla.· 1938-12-19 ·cited 44×
  The Florida Supreme Court held that a tax deed application notice published in four weekly newspaper installments satisfies statutory requirements even when only 28 days elapse between the first publication and the sale date, provided the notice runs for four consecutive weeks wi
• Levy v. Ladd
  35 Fla. 391· Fla.· 1895-01-01 ·cited 43×
  Willie H. Levy purchased a tax deed to Florida land from the State in 1886, but George W. Ladd obtained a competing deed from a U.S. Marshal's sale under an 1869 judgment against the previous owner, Daniel Ladd. The Florida Supreme Court affirmed the dismissal of Levy's bill to q
• Goulden v. Manreka Corp.
  119 Fla. 248· Fla.· 1935-05-06 ·cited 40×
  The Florida Supreme Court upheld the dismissal of a bill to cancel a tax deed, holding that a tax deed executed in 1933 substantially complied with statutory form requirements even though it omitted the word 'subsequent' when referring to outstanding tax certificates.
• The Clark-Ray-Johnson Co. v. Williford
  62 Fla. 453· Fla.· 1911-06-01 ·cited 40×
  The Florida Supreme Court affirmed the cancellation of a tax deed as a cloud on title, holding that the tax deed was void because the statutory notice requirements were not strictly complied with. The court ruled that mandatory statutory provisions protecting a property owner's r
• Dick Palmer v. Thomas
  284 So. 2d 709· Fla. 1st DCA· 1973-11-13 ·cited 39×
  Dick Palmer appeals a trial court judgment voiding his tax deed to lands in Columbia County, Florida. The appellate court affirmed the judgment on procedural grounds, holding that Palmer's substantive defenses regarding the validity of the tax deed were waived by his failure to a
• Sams v. King
  18 Fla. 557· Fla.· 1882-01-01 ·cited 37×
  This case concerns the validity of tax deeds issued to Mollie Sams for property originally owned by Isaiah D. Hart and inherited through Farley Sams and Lloyd Peck. The Florida Supreme Court reversed the lower court's judgment, holding that tax deeds are prima facie evidence of r
• Peninsular Naval Stores Co. v. Mathers
  96 Fla. 620· Fla.· 1928-12-04 ·cited 36×
  In an ejectment suit, the trial court found for the plaintiffs based on evidence including fire-damaged historical deeds, an abstract of title, a certified copy of a deed, and tax records. The defendant Peninsular Naval Stores Company appealed, challenging the admission of variou
• Stephens v. Futch
  73 Fla. 708· Fla.· 1917-03-24 ·cited 34×
  The Florida Supreme Court reversed a judgment in ejectment based on a tax deed, holding that the Board of County Commissioners' failure to properly select a newspaper for publishing the delinquent tax list in accordance with statutory requirements was a fatal defect that invalida
• Turner v. Utley
  93 Fla. 910· Fla.· 1927-04-15 ·cited 32×
  The Florida Supreme Court reversed a chancellor's order requiring defendants to reply to an answer as a counter claim. The court held that under Florida's equity rules, a counter claim must be connected to the subject matter of the original bill or affect the complainant's rights
• Ellis v. Clark
  39 Fla. 714· Fla.· 1897-06-01 ·cited 32×
  Ellis sued to recover land, but the defendants produced a tax deed to Davis and Davis's subsequent deed to the Clark defendants. The Florida Supreme Court reversed a jury verdict for the defendants, holding that the trial court erred in instructing the jury that recording a deed
• Lance v. Smith
  123 Fla. 461· Fla.· 1936-03-17 ·cited 31×
  This ejectment action arose from competing claims to Florida real property: the liquidator of a failed bank held a mortgage foreclosure deed, while tax deed holders claimed title based on a tax sale. The court held that the tax deed was valid despite a temporal discrepancy in its
• Day v. Benesh
  104 Fla. 58· Fla.· 1932-01-19 ·cited 31×
  Homer Day purchased property through a chain of title beginning with a tax deed issued to Harry Seemiller in 1921 and subsequently obtained possession. Louis Benesh, the record title holder at the time of the tax sale, later asserted his title and sued to quiet title in his favor
• Hyer v. Griffin
  55 Fla. 560· Fla.· 1908-01-01 ·cited 31×
  In this ejectment action, the Florida Supreme Court reversed a jury verdict for the defendants, holding that the evidence was insufficient to establish adverse possession of Florida land under color of title. The court found that the defendants' limited cutting of dead wood and f
• Reid v. The S. Dev. Co.
  52 Fla. 595· Fla.· 1906-06-01 ·cited 30×
  George Reid challenged the validity of a tax deed issued to Southern Development Company based on defects in the tax assessment and collection process. The Florida Supreme Court affirmed that the assessment was valid, holding that procedural violations in the tax assessment proce
• W. P. Stackpole et. al. v. Hancock
  40 Fla. 362· Fla.· 1898-06-01 ·cited 30×
  This Florida Supreme Court case involves competing claims to land discovered to contain valuable phosphate deposits. The court addresses whether deeds obtained through fraudulent representations can be cancelled, and whether the fraud of one co-purchaser binds other co-purchasers
• Patton v. Crumpler
  29 Fla. 573· Fla.· 1892-01-01 ·cited 30×
  Patton sought equitable relief to remove a cloud on his title to real estate allegedly created by a tax deed issued to Crumpler. The Florida Supreme Court affirmed dismissal of the bill, holding that a complainant with legal title must be in possession to invoke equity jurisdicti
• Petty v. Mays
  19 Fla. 652· Fla.· 1883-01-01 ·cited 29×
  Richard Jones brought an ejectment action to recover land he purchased at a foreclosure master's sale. The Florida Supreme Court affirmed the lower court's judgment for Jones, holding that a properly executed master's deed in pursuance of a foreclosure decree validly conveys titl
• S. Title Research Co. v. King
  186 So. 2d 539· Fla. 4th DCA· 1966-05-23 ·cited 28×
  Southern Title Research Company appealed the vacation and reversal of a summary decree that had quieted title in its favor for a property acquired through a tax deed sale. The court affirmed the lower court's decision to vacate the decree and dismiss the quiet title action, findi
• Gibbs Crompton v. Kirkland
  157 Fla. 89· Fla.· 1946-02-15 ·cited 26×
  Gibbs Crompton appealed the dismissal of his bill of complaint seeking to enjoin an ejectment suit by A. J. Kirkland, who held a tax deed with an erroneous description encompassing part of Crompton's land. The Florida Supreme Court reversed the dismissal, holding that equity has
• Wolfson v. Heins
  6 So. 2d 858· Fla.· 1942-02-10 ·cited 26×
  The court considered whether a tax deed for a "private street" extinguished an easement previously held by abutting landowners. The court found that in Florida, tax sales of servient estates extinguish easements, and thus the tax deed conveyed a fee simple title free from the eas
• Fries v. Griffin
  35 Fla. 212· Fla.· 1895-01-01 ·cited 26×
  Griffin sought to re-establish a lost deed from Alsop to Roberts and to void Fries' quit-claim deed from Alsop as fraudulent. The Florida Supreme Court affirmed the lower court's decree, holding that Griffin proved the existence and contents of the lost deed with sufficient clari
• Bennett F. Neal v. Spooner
  20 Fla. 38· Fla.· 1883-06-01 ·cited 26×
  In this ejectment action, the Florida Supreme Court affirmed the trial court's evidentiary and procedural rulings but vacated and remanded the judgment because it failed to comply with statutory requirements specifying the quantity of the estate awarded in an ejectment decree.
• Carncross v. Howell T. Lykes
  22 Fla. 587· Fla.· 1886-06-01 ·cited 25×
  Mary Carncross sued to recover a lot in Tampa that was sold at tax sale to James Lipscomb's estate. The Florida Supreme Court reversed the lower court's judgment, holding that a variance between the property description on the assessment roll and the tax deed vitiated the sale, b
• Montgomery v. Gipson
  69 So. 2d 305· Fla.· 1954-01-05 ·cited 24×
  The Florida Supreme Court upheld a lower court's voiding of a tax deed, holding that strict compliance with statutory notice requirements is mandatory when property is held as an estate by the entirety, and that notice must be properly delivered to both spouses.
• Morgan S. McCormick and John Myers v. Bounetheau
  139 Fla. 461· Fla.· 1939-07-25 ·cited 24×
  In this ejectment action, the Florida Supreme Court held that a tax deed issued by a city lacking constitutional authority to tax the subject property cannot convey title superior to the record fee simple owner. The court rejected the argument that rights obtained through a tax c
• Susye Belle Wells v. Jefferson Thomas
  78 So. 2d 378· Fla.· 1955-02-23 ·cited 23×
  The Florida Supreme Court reviewed an appeal concerning the validity of a tax deed for Tract 2, which was granted via summary judgment to F. Willard Hyslop. The primary issue was the validity of a C. N. Ashmore tax deed, which the lower court found fatally defective.
• Overstreet v. Gordon
  121 Fla. 180· Fla.· 1935-10-11 ·cited 23×
  A property owner challenged a tax deed issued in 1934, arguing it was void because Orange County designated two newspapers instead of one for publishing the 1931 delinquent tax sales list. The Florida Supreme Court held that Chapter 14572, Acts 1929, abolished purely formal defec
• Cook v. Pontious
  98 Fla. 373· Fla.· 1929-08-01 ·cited 23×
  This case involves a dispute over real estate title where a complainant sought to quiet title based on a drainage tax deed. The appellate court found the complainant's bill of complaint lacked equity, as there was no assertion of adverse claims to the property after the tax deed
• Kester v. Nellie L. Cowan Bostwick (formerly Nellie L. Cowan) a widow
  153 Fla. 437· Fla.· 1943-07-30 ·cited 22×
  A Florida Supreme Court case determining the validity of a tax deed acquired by Kester for Pompano Beach property and establishing the measure of mesne profits owed to the rightful owner who recovered through ejectment. The court held the tax deed invalid due to insufficient prop
• Jarrell v. McRainey
  65 Fla. 141· Fla.· 1913-02-11 ·cited 20×
  McRainey sought to quiet title to land purchased via tax deed, claiming he had possessed it adversely for over four years. The Florida Supreme Court reversed, holding that the tax deed's description was too uncertain to establish valid title, as it failed to clearly identify whic
• Cowan v. B. J. Skinner With the Will Annexed of the Estate of R. G. Skinner
  52 Fla. 486· Fla.· 1906-06-01 ·cited 20×
  The Florida Supreme Court reversed a decree granting a perpetual injunction against trespass and awarding damages for unauthorized removal of turpentine from pine trees. The court held that while a statutory injunction could be granted under Florida law to restrain such trespasse
• Stewart v. Mathews
  19 Fla. 752· Fla.· 1883-01-01 ·cited 20×
  In this 1883 Florida ejectment case, the Supreme Court reversed the trial referee's judgment for the plaintiff and granted a new trial, holding that the defendant's title through Paul McCormick's executor was superior to the plaintiff's title because the defendant's deed was reco
• Beaty v. Inlet Beach, Inc.
  151 Fla. 495· Fla.· 1942-09-29 ·cited 19×
  A Florida Supreme Court case concerning title to property at Inlet Beach, with a complex procedural history involving tax deeds, mortgage foreclosure, and dissolution of a corporate property owner. The court upheld Inlet Beach, Inc.'s title based on a mortgage foreclosure, findin
• Sanders v. Ransom
  37 Fla. 457· Fla.· 1896-01-01 ·cited 19×
  This case concerns the priority of title between a deed and a tax deed. The court held that all tax deeds in question were void, and the plaintiff, as the legal representative of the patentee, was entitled to the land based on the original patent title.
• Buck v. Triplett
  159 Fla. 772· Fla.· 1947-12-05 ·cited 18×
  The Florida Supreme Court upheld a statute permitting a tax deed grantee to quiet title after twenty years of tax payments, rejecting constitutional challenges and holding that the statute is satisfied even when taxes are not paid annually.
• Coult v. Knott
  133 Fla. 141· Fla.· 1938-07-07 ·cited 18×
  The Florida Supreme Court upheld a tax deed issued to plaintiff and affirmed a judgment of ejectment against multiple defendants, including the record owners and mortgage holders. The case addressed three key issues regarding tax deed validity: (1) whether the clerk's failure to
• Izler v. Porter Slyke
  115 So. 516· Fla.· 1928-01-09 ·cited 18×
  A Florida Supreme Court case addressing whether a final decree quieting title based on a tax deed should be vacated after twenty days when the defendant died before the decree's entry and proper service was questionable. The court affirmed the vacation of the decree, allowing the
• McLeod v. Williams
  73 Fla. 338· Fla.· 1917-02-10 ·cited 18×
  McLeod sought to recover land through an ejectment action based on a tax deed, but the Florida Supreme Court affirmed the trial court's decision voiding the tax deed due to multiple defects in the tax assessment and issuance procedures that violated mandatory statutory requiremen
• W. E. Law & E. S. Mixson v. Taylor
  63 Fla. 487· Fla.· 1912-01-01 ·cited 18×
  This case involves a dispute over land title and alleged trespass. The appellate court affirmed the lower court's decision to overrule a demurrer to the bill of complaint but reversed the decision to strike portions of the defendants' answer, finding them relevant to the case.