Benner v. Kendall

Citations

• 21 Fla. 584

Syllabus

<p>1. 'To entitle a party to relief on a bill in equity filed by bim to enjoin a sale of property claimed by bim, wliicb, if tlie sale occurred would be a cloud on bis title, be must show title in bimself. If be fails to do so be cannot be injured by sucb a sale.</p> <p>3. When the cloud proposed to be removed by the bill would not, if an action of ejectment was brought upon it against the true owner, be sufficient to cause said owner to be put to proof of its inefficiency, and was not apparently a good title, no cloud exists and the interference of a court of equity cannot be invoked.</p> <p>[Raney, J., dissenting as to the rule announced in the 2d head-note, under chapter 3432, Laws of Florida. ]</p>