MABEL R. DEVERICK AND IDA VELMA RIDGE, APPELLANTS,
v.
FRANCIS P. BAILEY, JR., SAM BAILEY AND JOHN BAILEY, APPELLEES
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Defendants Deverick and Ridge appealed a summary judgment quieting title to real property in the names of Baileys. The court reversed, finding that defendants' allegations of adverse possession under color of title and the existence of a genuine issue of material fact precluded summary judgment.
The court reversed the summary judgment, holding that defendants' allegations and affidavits regarding adverse possession created a genuine issue of material fact for trial, and that the quitclaim deed from Shannahan was sufficient to establish color of title despite the grantor's lack of actual interest. The court also held that an error or omission in the tax deed description would not render the title void if a surveyor could identify the intended land.
“The quit claim deed from Shannahan to Deverick is sufficient to establish color of title even though the grantor had no interest which could be conveyed.”
Establishes that color of title can exist despite grantor's lack of actual interest, supporting defendants' adverse possession claim
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Join FLexlaw to unlock all legal intelligenceThe Baileys claimed title through a chain including a 1895 patent, deeds to P. Isaacs, a 1913 tax deed to Frank P. Bailey, and a 1961 quitclaim deed. …
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This is an appeal by the defendants, Mabel FI. Devericlc and Ida Velma Tracey Ridge, to review a summary final judgment quieting title to certain real property located in Lee County in the names of the plaintiffs, Francis, Sam and John Bailey.
The plaintiffs deraigned their title to the land as follows:
1. Patent from the U.S.A. to E. Pell and his wife, dated February 14, 1895 and recorded April 16, 1896.
2. Warranty Deed from E. Pell and his wife to -P. Isaacs, dated March 19, 1898, recorded October 23, 1902. *441(This instrument conveys only one-half of the property.)
3. Warranty Deed from E. Pell and his wife, to P. Isaacs, dated May 7, 1896 and recorded May 31, 1897. (This instrument conveys the remainder of the property.)
4. Tax Deed from the State of Florida to Frank P. Bailey, dated March 27, 1913 and recorded March 31, 1913.
5. Quit Claim Deed from Herbert L. Isaacs and his wife to Bailey, dated January 17, 1961 and recorded January 27, 1961.
The defendants claim title by adverse possession under color of title, and deraign their title as follows:
1.Offer to purchase and acceptance contract between Webb Shannahan to P. Isaacs, dated November 30, 1925 and recorded February 8, 1926.
2. Quit Claim Deed from Webb Shanna-han to Mabel Deverick dated July 1953 and recorded July 21, 1953.
3. Warranty Deed from Mabel Deve-rick to Ida Velma Ridge, dated March 4, 1957 and recorded September 12, 1958.
The quit claim deed from Shanna-han to Deverick is sufficient to establish color of title even though the grantor had no interest which could be conveyed. Mitchell v. Moore, Fla.1943, 152 Fla. 843, 13 So.2d 314; Waterman Hall v. Waterman, 1906, 222 Ill. 569, 77 N.E. 142, 4 L.R.A., N.S., 776. See also Warlick v. Rome Loan and Finance Co., 1942, 194 Ga. 419, 22 S.E.2d 61. The allegations and affidavits as to adverse possession of the subject property are sufficient to create a genuine issue of material fact to be determined by the court after trial.
The fact that the description in the tax deed contained an error in that one call was omitted will not render the title void, for if the description in a deed is such that a surveyor, by applying the rules of surveying, can locate and identify the land intended to be conveyed, such description is sufficient and the deed will be sustained. A palpable omission in the description in a deed may be supplied by construction. Campbell v. Carruth, 1893, 32 Fla. 264, 13 So. 432.
Accordingly, the judgment is reversed for such further proceedings in accordance with this opinion as the court may determine proper.
Reversed.
ALLEN, Acting C. J., and STURGIS, WALLACE E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bonifay v. Dickson, 459 So. 2d 1089 (Fla. 1st DCA 1984)…t already quoted. This raises the question of whether a quitclaim deed may be used to establish color of title where the grantor had no interest in the property allegedly conveyed. This question was answered in the affirmative in Deverick v. Bailey, 174 So. 2d 440 (Fla. 2d DCA 1965), in which the court reversed a summary judgment, finding that the allegations and affidavits as to adverse possession were sufficient to create a genuine issue of material fact. However, in a later appeal, Deverick v. Bailey, 224…
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Deverick v. Bailey, 224 So. 2d 361 (Fla. 2d DCA 1969)…anna-han to Mrs. Deverick, notwithstanding Shannahan had no interest which could be conveyed, could be sufficient color of title to rest a claim of title by adverse possession if sufficiently proven to the satisfaction of the Court after full trial. 174 So. 2d 440. The case then returned to the Circuit Court for further proceedings. Pre-trial conference was held, the case was tried by the Court without a jury, pursuant to which final judgment was entered in favor of plaintiffs Bailey. The final judgment was…
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Bailey v. Deverick, 183 So. 2d 209 (Fla. 1965)…Certiorari denied without opinion. 174 So. 2d 440.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mitchell v. Moore, 152 Fla. 843 (Fla. 1943)
- Archibald Campbell v. Carruth, 32 Fla. 264 (Fla. 1893)