Cowan v. Skinner

Citations

• 52 Fla. 486

Syllabus

<p>1. A tax deed is not void upon its face when it gives the name of the grantee, the numbers of the tax certificates, the dates of the tax sales for unpaid taxes of stated years, the name in which the property was assessed, the amount paid for the certificates, a description of the land, besides the other recitals prescribed by the statute, and the execution is in the prescribed form.</p> <p>2. The statute does not require a tax deed to recite the particular certificate on which the deed was issued when there are several certificates covering: the land, nor does it require that the taxes for all the years subsequent to the original sale shall be accounted for in the tax deed.</p> <p>3. Where a tax deed is executed in compliance with the form and substance of the statute, it is by statute made prima facie evidence of the regularity of the proceedings from the valuation of the land to the date of the deed.</p> <p>4. Without the aid of a statute courts of equity do not grant injunctions to restrain the mere trespass of taking turpentine fi’om trees upon lands when such trespass can be compensated in damages in an action at law.</p> <p>5. Independent of statutes an injunction to restrain trespasses on real estate can be obtained only upon a clear showing of the inadequacy of the remedy afforded by an action at law for damages.</p> <p>6. Equity may, independent of statute, enjoin the destruction of or injury to growing trees when the inadequacy of the remedy at law is because of the value and use of the trees as a part of the estate, the destruction or injury of which would be an actual and irreparable injury to the owner of the land in the use and enjoyment of his estate, that cannot be adequately compensated for in damages.</p> <p>7. In cases where equity will, independent of statute, enjoin the destruction of or injury to growing trees, the court may proceed to an accounting and award damages for the trespass as an incident to the relief by injunction. But when the i