Conant v. Buesing

Citations

• 23 Fla. 559

Syllabus

<p>1. Equity will set aside a deed to land, regular in form but void in fact, as against the valid title of one in possession, where the claimant under the deed insists that it is good, but refrains from suit to test the title. This is done under the rule for removal of a cloud upon title, the true owner having no remedy at law.</p> <p>2. A sale of land for taxes which have been paid by the owner is illegal, and a deed in pursusnce of such sale is void.</p> <p>3. 0. owned a lot of land which he sold to H. in January, 1877. The ' land was assessed to 0. for the taxes of that year. H. paid the taxes, but the Collector sold the land notwithstanding, and a deed in regular course under such sale was made to Co.: Held, That the deed is void.</p> <p>4. B. has valid title to a small parcel of land, on which there is no house or enclosure. H. under B. cuts wood and works round orange trees on the land : Held, That under our statute, and in the absence of assertion of possession in any one else, B. lias possession sufficient to maintain suit to remove a cloud upon bis title.</p>