JOHN SCHOUTEN, ET UX., APPELLANTS,
v.
FRANK E. HUNT, APPELLEE
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The court affirmed a conviction for rape with a recommendation for mercy, holding that admitting a quashed indictment, the judge's remarks during cross-examination, and the sufficiency of the evidence were not grounds for reversible error.
The court held that admitting the quashed indictment, the judge's remarks during cross-examination, and the sufficiency of the evidence were not reversible errors.
Appellants were convicted of rape and sentenced to life imprisonment. They were initially indicted for the offense but the indictment was quashed due …
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Appellee filed suit in equity to quiet and perfect his title to Tract Five (5), Section 25, Township 53 South, Range 40 East, containing ten acres more or less, according to the Florida Fruit Lands Company’s subdivision map 1 filed in the office of the Clerk of the Circuit Court of Dade County, Florida, and recorded in Plat Book 2, at page 17 of the public records of Dade County, Florida, and also to remove as a cloud a tax deed held by appellant containing a description of Tract 5 in Section 25, Township S3 South of Range 40 East, containing 10 acres, more or less, in County of Dade, State of Florida.
W'e first consider the sufficiency of the description in the appellant’s tax deed.
This Court has long been committed to the rule that: “It is well settled in this jurisdiction that the description of property in a tax deed must be certain in itself or at least capable of being made certain by matters referred to in the deed itself as relating to the description, and evidence aliunde not referred to in the deed can not be used to ascertain the land intended to be conveyed. See Jarrell v. McRainey, 65 Fla. 141 and 144, 61 Sou. 260; Dixon v. Cocoa, 106 Fla. 855, 145 Sou. 748.” J. C. Newsom v. *362Belle Mead Development Corporation, et al., 131 Fla. 143, 179 So. 160.
It is apparent from the description quoted above that the deed is void. The plaintiff’s own evidence shows that to locate the land he would be required to refer to the plat in evidence. The plat was no part of the deed by reference of otherwise.
Considering the entire record in the light of the above rule we find the description inadequate.
All other questions raised by appellant relate to findings of fact by the master and sustained by the chancellor. Sufficient showing has not been made to warrant us in disturbing such findings. Finding no error in the record the decree is affirmed.
Brown, C. J., Whitfield, and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mitchell v. Moore, 152 Fla. 843 (Fla. 1943)…uch so that it could not be aided even when applied to extrinsic facts. The holding that the description in the tax deed was fatally insufficient was based upon a well considered opinion by the present Chief Justice. In the case of Schouten v. Hunt, 146 Fla. 360, 200 So. 923, the description in the tax deed there involved merely referred to: “Tract 5 in Section 25 Township 53 S of Range 40 E., containing ten acres more or less.” There was no reference by name or otherwise to any plat, so as to explain what…
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Kester v. Nellie L. Cowan Bostwick (formerly Nellie L. Cowan) a widow, 153 Fla. 437 (Fla. 1943)…decided March 4, 1943, not yet reported and like cases to support his contention. Appellee contends on the other hand that the description is not sufficient and relies on Newsom v. Belle Mead Dev. Corp., 131 Fla. 143, 179 So. 160; Schouten v. Hunt, 146 Fla. 360, 200 So. 923, and like cases to support her contention. This Court early laid down the rule to be sufficient the description of land in a deed must be such that a surveyor could locate it without difficulty. As to tax deeds, we have consistently he…
Authorities Cited
- Dixon v. City of Cocoa, 106 Fla. 855 (Fla. 1932)
- Jarrell v. McRainey, 65 Fla. 141 (Fla. 1913)
- Newsom v. Belle Mead Dev. Corp., 131 Fla. 143 (Fla. 1938)