Chesser v. DePrater

Citations

• 20 Fla. 691

Syllabus

<p>The hill alleges that M. was the owner of the improvements on land of the United States held and occupied as a homestead under the laws of the United States, and C., with the assent of M., sold the improvements and the possession of the land to D. for a valuable consideration partly paid, and C. gave to D. a writing reciting that he had sold his interest to D., and containing the following : “ This is to show that I do stand good to M. D. for the above premises as a homestead for himself under the acts of Congress granting of homesteads to actual settlers.” D. went into possession and made valuable improvements, and was proceeding to take necessary legal steps to secure a homestead title when C. clandestinely procured from the United States Land Office a certificate of entry of the land in the name of M. and then a deed from M. to himself and instituted proceedings against D. to oust him : Held, That the bill shows the conduct of C. was a violation of his agreement and a fraud upon the j ights of D., and C. was estopped from asserting the right of possession against him ; that C. is deemed a holder of the legal title in trust for D., and upon payment by D. of the balance due to C. upon the sale of improvements and possession, with interest from the time it became due, he will be entitled to a conveyance of the legal title if the allegations of the bill are sustained.</p>