HARRY W. HECHT, APPELLANT,
v.
RUTH T. CARDINAL, JOINED BY HER HUSBAND AND NEXT FRIEND, LOUIS L. CARDINAL, APPELLEES
This was a suit to cancel a tax deed.
General and special demurrers were filed attacking a second amended bill of complaint. The demurrers were overruled, from which order appealed was taken.
The orders appealed from should be affirmed tapón authority of the opinion and judgment in the ease of Tax Securities Corporation, a Florida Corporation vs. Peggie Borland, et al., opinion filed at this term of Court. It is so ordered.
Affirmed.
Ellis and Brown, J.J., concur.
Whitfield, P.J., and Terrell, J., concur in the opinion and judgment.
(concurring) :—The object of the bill, and its prayer, is to cancel the tax deed, not the liability of the land to the tax attempted to be assessed. This deed, if all statutory steps have been followed, conveys title in itself, but if not, it as a deed may be decreed to be invalid and the holder of it remitted to his appropriate remedy under See. 1026 C. G. L., 795, R. G. S. See San Sebastian Development Corp. vs. Couch, decided at the present term, and the case cited in the opinion of Mr. Chief Justice BUFORD above.
Davis, J.
(concurring) :—The object of the bill, and its prayer, is to cancel the tax deed, not the liability of the land to the tax attempted to be assessed. This deed, if all statutory steps have been followed, conveys title in itself, but if not, it as a deed may be decreed to be invalid and the holder of it remitted to his appropriate remedy under See. 1026 C. G. L., 795, R. G. S. See San Sebastian Development Corp. vs. Couch, decided at the present term, and the case cited in the opinion of Mr. Chief Justice BUFORD above.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hecht v. Shaw, 112 Fla. 762 (Fla. 1933)…tive, and the owner’s right of redemption is open and unlimited as to time until the statutory requirement is fulfilled. (Italics supplied.) 61 C. J. 1258. See also Tax Securities Corporation v. Borland, 103 Fla. 63, 137 So. 151; Hecht v. Cardinal, 103 Fla. 930, 140 So. 648. In Tax Securities Corporation v. Borland, supra, we said regarding notice of application for tax deed, which is a “notice to redeem,” the following: “Statutory provisions governing notice of issuance of tax deed are jurisdictional ins…
-
Overstreet v. Gordon, 121 Fla. 180 (Fla. 1935)…Fla. 393, 150 Sou. 590; Ranger Realty Co. v. Hefty, 112 Fla. 654, 152 Sou. Rep. 439; State, ex rel. Ranger Realty Co. v. Lummus, 111 Fla. 746, 149 Sou. Rep. 650; Tax Securities Co. v. Borland, 103 Fla. 463, 137 Sou. Rep. 151, and Hecht v. Cardinal, 103 Fla. 930, 140 Sou. Rep. 648, as establishing the proposition that Section 1 of Chapter 14572, supra, is, and should be, limited in its effect to judicial foreclosure of tax sales certificates or like proceedings to enforce tax deeds, and not as depriving the…
-
Fla. Land Holding Corp. v. Lee, 118 Fla. 107 (Fla. 1934)…enacted in its present form in 1927 and has received judicial consideration since that time in the following cases: San Sebastian Dev. Co. v. Couch, 103 Fla. 692, 138 Sou. Rep. 61; Lovett v. Shore, 111 Fla. 592, 139 Sou. Rep. 194; Hecht v. Cardinal, 103 Fla. 930, 140 Sou. Rep. 648; Kane v. Eustis, 106 Fla. 817, 143 Sou. 655; Lovett v. Shore, 111 Fla. 592, 149 Sou. Rep. 603. The Chancellor in this case decreed a lien in favor of S. Burnett, Trustee, for $9,384.95 and $750.00 attorney’s fee upon certain land…