CHRISTINE VAN VALKENBURG AND CHRISTINE VAN VALKENBURG, AS EXECUTRIX OF THE WILL OF WILLIAM VAN VALKENBURG, DECEASED,
v.
S. IDA RHODES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case concerns the validity of a tax deed issued for taxes assessed against an estate. The appellate court affirmed the lower court's decision to exclude the tax deed as evidence, finding the assessment invalid.
Yes, the tax deed was void on its face because the assessment was made against an estate, which is not a valid method of assessment under Florida law. Therefore, it was inadmissible as evidence.
“That said instrument is void on its face because it purports to be a tax deed but shows on its face that the assessment of the taxes for which said tax deed was issued were assessed against an estate, making said tax deed void.”
The defendant's objection to the tax deed, which the court ultimately agreed with.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff offered a tax deed as proof of ownership in an ejectment action. The defendant objected, arguing the deed was void because the taxes wer…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Tax Deed Validity cases and more on FLexlaw
— This cause is before the Court on writ of error to a final judgment in behalf of the defendant in the lower court. It is an action in ejectment tried in the Circuit Court of Lake County, Florida. The plaintiff offered in evidence at the trial of the case a tax deed in support of his claim of ownership of the title to the land involved in the suit. The defendant objected to the admission of the alleged tax deed in evidence on the grounds; “That said instrument is void on its face because it purports to be a tax deed but shows on its face that the assessment of the taxes for which said tax deed was issued were assessed against an estate, making said tax deed void.” The lower court sustained the objection and directed a verdict for the defendant and final judgment was entered thereon and from said final judgment art appeal has been perfected here.
A recital in the tax deed is as follows: “Tax Certificate No. 601 from which it appears that the said land was sold by the Tax Collector of said County on the 7th day of August, 1933, for unpaid taxes for the year A. D. 1932, as the property of Ella R. Cram, Est.” We have not been favored with a brief in this Court by counsel for defendant in error.
Counsel for plaintiff in error relies upon Chapter 14572, Laws of Florida 1929, Section 4389 C. G. L.; Sams v. King, 18 Fla. 557, Cowan v. Skinner, 52 Fla. 486, 42 So. 730; 11 Ann. Cas. 452. This Court has, from time to time, passed upon the assessment of taxes on the part of a Tax Assessor, such as when the land was assessed to “Est. P. B. Hamilton” as owner, and held that it was not a valid assessment under the law permitting property to be assessed in the name of the same owner as the year before. See Amos v. Jacksonville Realty & Mtg. Co., 77 Fla. 403, 81 So. 524; L’Engle v. Wilson, 21 Fla. 461.
We hold that the case at bar is ruled by Amos v. Jack*408sonville Realty & Mtge. Co., supra. The judgment appealed from is hereby affirmed.
Whitfield, P. J., and Brown, J., concur.
Ellis, C. J., and Terrell and Buford, J. J., concur in the opinion and judgment.
— On petition for rehearing it is contended that the tax deed in question should have, by the lower court, been received in evidence when the cause was being tried. The tax deed is dated September 17, 1935, and the face thereof contains the following language: “Wm. Van Valkenburg has this day applied for a tax deed to certain lands .... has produced and surrendered to the Clerk Tax Certificate No. 601 from which it appears that the said laud was sold by the Tax Collector of said County on the 7th day of August, 1933, for unpaid taxes for the year A. D. 1932, as the property of Ella R. Cram. Est.” The lower court sustained the following objection made by counsel for defendant to the admission into evidence of the tax deed: “That the instrument is void on its face because it purports to be a tax deed but shows on its face that the assessment of the taxes for which the tax deed issued were assessed against an estate, making said tax deed void.” We have examined the authorities cited by counsel for plaintiff in error in our effort to give due consideration to all contentions made.
We are face to face with a previous decision of this Court holding squarely against the contention of counsel for plaintiff in error as expressed in Amos v. Jacksonville Realty Co., 77 Fla. 402, 81 So. 524. This Court held therein that an assessment to “Est. P. B, Hamilton” wag unauthorized and illegal. It is possible that plaintiff in error, considering the case at bar, has certain rights created or established under the tax deed offered in evidence, but *409which in an ejectment action on review in this court, cannot be considered. We can rule only on the questions presented by the record. Careful consideration has been given to each contention and we are forced to adhere to the original opinion filed. The petition for a rehearing is denied.
Whitfield, Terrell, Brown, and Buford, J. J., concur.
Chapman, J.,
— On petition for rehearing it is contended that the tax deed in question should have, by the lower court, been received in evidence when the cause was being tried. The tax deed is dated September 17, 1935, and the face thereof contains the following language: “Wm. Van Valkenburg has this day applied for a tax deed to certain lands .... has produced and surrendered to the Clerk Tax Certificate No. 601 from which it appears that the said laud was sold by the Tax Collector of said County on the 7th day of August, 1933, for unpaid taxes for the year A. D. 1932, as the property of Ella R. Cram. Est.” The lower court sustained the following objection made by counsel for defendant to the admission into evidence of the tax deed: “That the instrument is void on its face because it purports to be a tax deed but shows on its face that the assessment of the taxes for which the tax deed issued were assessed against an estate, making said tax deed void.” We have examined the authorities cited by counsel for plaintiff in error in our effort to give due consideration to all contentions made.
We are face to face with a previous decision of this Court holding squarely against the contention of counsel for plaintiff in error as expressed in Amos v. Jacksonville Realty Co., 77 Fla. 402, 81 So. 524. This Court held therein that an assessment to “Est. P. B, Hamilton” wag unauthorized and illegal. It is possible that plaintiff in error, considering the case at bar, has certain rights created or established under the tax deed offered in evidence, but which in an ejectment action on review in this court, cannot be considered. We can rule only on the questions presented by the record. Careful consideration has been given to each contention and we are forced to adhere to the original opinion filed. The petition for a rehearing is denied.
Whitfield, Terrell, Brown, and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
City OF Fort Myers v. Florida Reitman, 149 Fla. 203 (Fla. 1941)…line with the practice of courts of eqüity, even in the absence of statutes.” The equity procedure is stated in the Dewhurst case, supra, and the statutory regulations are discussed in the Hefty and Boley cases, supra. In Van Valkenburg v. Rhodes, 136 Fla. 406, 182 So. 846, an action in ejectment to try title to lands sold for taxes, it was held that a tax assessment made “as the property of Ella R. Cram Est.” is void. Such holding had reference to the sufficiency of the assessment as a muniment of title…1 / 2
-
City of Fort Myers v. Florida Heitman, 148 Fla. 432 (Fla. 1941)…wful tax (See Dewhurst v. City of St. Augustine, 91 Fla. 314, 107 So. 689) though a valid tax title to lands may not be acquired when it is predicated entirely upon an illegal assessment of an authorized ad valorem tax. See Van Valkenburg v. Rhodes, 136 Fla. 406, 182 So. 846. Chapter 10040, Acts of 1925, as amended in 1929 and 1935, now Sec. 894 of 1936 Perm. Supp. to C.G.L., provides that “All taxes imposed pursuant to the Constitution and laws of this State shall be a first lien superior to all other li…
-
Mid-State Homes, Inc. v. Nassau Cnty., 198 So. 2d 382 (Fla. 1st DCA 1967)…ssau County is hereby reversed and said cause remanded for further proceedings not inconsistent with this opinion. WIGGINTON, Acting C. J., and SPECTOR, J., concur. . Smith v. Green, 159 Fla. 319, 31 So. 2d 925 (1947). . Van Volkenburg v. Rhodes, 136 Fla. 406, 182 So. 846 (1938). . Wells v. Thomas, 78 So. 2d 378, 383 (Fla.1954).…
Authorities Cited
- Amos v. Jacksonville Realty & Mortg. Co., 77 Fla. 403 (Fla. 1919)
- Sams v. King, 18 Fla. 557 (Fla. 1882)
- Cowan v. B. J. Skinner With the Will Annexed of the Estate of R. G. Skinner, 52 Fla. 486 (Fla. 1906)
- Porcher L'Engle v. Wilson, 21 Fla. 461 (Fla. 1885)
- Biggers v. Pinellas Cnty., 77 Fla. 402 (Fla. 1919)