Bryan v. Dade Muck Land Co.

Citations

• 75 Fla. 330
• 78 So. 349

Syllabus

<p>1. A peremptory writ of mandamus'was issued against the clerk of the Circuit Court of Broward County, and the Board of Commissioners of Everglades Drainage District, as respondents! commanding the respondents to . accept certain money tendered by the relator below, it being the correct amount, to redeem and cancel certificates’ numbered 1043 'and 1078; which had' been, issued to 'the 'said Board, under a siale of certain lands in the Everglades Drainage District, which were subject to assessment and sale for drainage taxes. The Sale was made, and the certificates issued, on June 7th, 1915, for the unpaid taxes for the year 1914,- and' Chapter 7303, Daws of- Florida, which extend the time in which to redeem^certificates covering lands sold for non-payment 'of drainage taxes, went into effect June 5th, 1917, therefore, at the time Chapter 7303, Laws of Florida, went into effect two yeiars had not elapsed from the time of the sale, and the title to the land embraced in said certificates had not vested in the Board of Commissioners of Everglades Drainage District, and the said certificates were held subject to redemption, and the Circuit Judge was correct in granting the peremptory writ of mandamus ordering the respondents to accept the money and permit the slaid certificates to be cancelled and redeemed.</p> <p>2. Chapter 7303, Laws of Florida, extends the time for ninety days within which to redeem or cancel certificates' covering lands sold for non-payment of drainage taxes where said certificates were not two years old at the time said Chapter 7303, Laws of Florida, went into effect. The question of whether this Act, Chapter 7303, Laws of Florida, provides for the redemption or cancellation of such drainage certificates where they are two years, or more, old, is not decided, as that question is not here involved.</p>