City of Olando v. Equitable Building & Loan Ass'n

Citations

• 45 Fla. 507

Syllabus

<p>1. The city of Orlande in 1893, 1895, 1896 and 1897 could become the holder of tax certificates based upon its sales for city taxes for lands bid off for it-by its collector in cases where there are no other bidderes, and it could after the periods of redemption expired procure deeds upon such certificates from the clerk of the Circuit Court that would be prima facie evidence to the same extent as tax deeds executed to individuals upon certificate's held by them.</p> <p>Z. Upon appeal from a decree cancelling tax certificates held by a city, as clouds upon complainant’s title, the appellate court will not adjudge such decree erroneous upon the ground that the bill does not allege a tender or offer to pay the tax for which the land was sold, where the appellant does not suggest or insist upon such supposed defect in the bill as a ground for reversal, even though a general demurrer for want of equity might be sufficient to raise the question, and a demurrer of this nature was interposed and overruled in the court below and the ruling thereon is assigned as error in the appellate court.</p> <p>8. A general demurrer to a bill in equity should 'be overruled if the bill states any ground for equitable relief.</p> <p>4. Grounds of demurrer to a bill in equity which seek to have the court hold the whole bill bad for objections applicable only to parts thereof, are properly overruled.</p> <p>5. Even after a decree pro confesso, relief must be granted only as’to the case made by the bill, and if the bill makes no case for equitable relief, no decree ought to be entered thereon for complainant.</p> <p>4. The failure of the assessor of the city of Orlando to annex to the city assessment roll an affidavit in the form prescribed by section 8, Chap. 3786, acts of 1887, invalidates the assessment.</p> <p>7. The city clerk of Orlando was not in 1893 and 1895 authorized to take the affidavit of the city assessor required to be annexed to the assessment roll by section 8, Chap. 378